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april 1987

Supreme Court of India · 1987-04-21

UNITED BANK OF INDIA vs SMT. KANAN BALA DEVI & ORS.

Citation / case number
SC 1973/60349
Court
Supreme Court of India
Petitioner
UNITED BANK OF INDIA
Respondent
SMT. KANAN BALA DEVI & ORS.
Author
V. KHALID
Bench
V. KHALID

Judgment text excerpt

The Supreme Court held that notice to one branch of a bank does not constitute notice to other branches under Order XXII, Rules 4 and 10-A of the Code of Civil Procedure, 1908. The Court found that the High Court erred in rejecting the application to set aside abatement and condone delay, as there was no evidence that the branch which filed the suit had prior knowledge of the defendant's death. The Court emphasized that constructive knowledge cannot be imputed to the concerned branch based solely on information received by another branch.

UNITED BANK OF INDIA vs SMT. KANAN BALA DEVI & ORS. · Niyam