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december 1974

Supreme Court of India · 1974-12-17

CHARAN SINGH AND ANR. vs DARSHAN SINGH AND ORS.

Citation / case number
SC 1974/60352
Court
Supreme Court of India
Petitioner
CHARAN SINGH AND ANR.
Respondent
DARSHAN SINGH AND ORS.
Bench
UNTWALIA, N.L.

Judgment text excerpt

The Supreme Court held that the High Court's judgment regarding Section 92 of the Code of Civil Procedure was erroneous, as the suit was not maintainable under this provision due to the plaintiffs' failure to seek specific reliefs outlined in Section 92(1). The Court clarified that the maintainability of a suit under Section 92 depends solely on the plaint's allegations, not on the written statement. The appeal was allowed, affirming that the suit did not abate upon the death of one plaintiff since it was filed in a representative capacity, following the precedent in Raja Anand Rao.

CHARAN SINGH AND ANR. vs DARSHAN SINGH AND ORS. · Niyam