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march 1979

Supreme Court of India · 1979-03-23

JAYARAMA REDDY & ANR. vs REVENUE DIVISIONAL OFFICER & LAND ACQUISITION OFFICER,KURNO

Citation / case number
SC 1969/60190
Court
Supreme Court of India
Petitioner
JAYARAMA REDDY & ANR.
Respondent
REVENUE DIVISIONAL OFFICER & LAND ACQUISITION OFFICER,KURNO
Bench
SHINGAL, P.N.

Judgment text excerpt

The Supreme Court held that under Order XXII Rule 4 of the Code of Civil Procedure, 1908, the failure of the Government to bring the legal representatives of a deceased claimant on record does not automatically abate the appeal. The court emphasized that the right to sue must be examined by the appellate court to determine if it survives against the surviving respondents. The Court dismissed the claimants' appeal, affirming that a decree against a deceased person is not a nullity if the legal representatives can still be brought on record and heard, allowing for potential remand to the lower court for proper adjudication.

JAYARAMA REDDY & ANR. vs REVENUE DIVISIONAL OFFICER & LAND ACQUISITION OFFICER,KURNO · Niyam