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may 1995

Supreme Court of India · 1995-05-01

VIDYAWATI vs MAN MOHAN &ORS

Citation / case number
SC 1995/1879
Court
Supreme Court of India
Petitioner
VIDYAWATI
Respondent
MAN MOHAN &ORS
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court upheld the lower courts' decisions denying the petitioner's request to file an additional written statement in a property dispute, emphasizing that a legal representative can only raise defenses that the deceased could have asserted, as per Order 22 Rule 4(2) CPC. The Court clarified that the petitioner's claim of independent title must be pursued in a separate suit, as her rights are contingent upon the will executed by Champawati. The ruling reinforces the principle that legal representatives cannot assert personal claims that were not available to the deceased party.

VIDYAWATI vs MAN MOHAN &ORS · Niyam