Supreme Court of India · 1996-08-16
MAULVI ISSA QURESHI vs DISTT. JUDGE, DEORIA .
- Citation / case number
- SC 1995/18675
- Court
- Supreme Court of India
- Petitioner
- MAULVI ISSA QURESHI
- Respondent
- DISTT. JUDGE, DEORIA .
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that a suit filed on behalf of a deceased person is fraudulent and cannot be maintained. It ruled that the son of the deceased plaintiff cannot be substituted in a suit that has already been dismissed and become final, as he has no better right than the original plaintiff. The Court found that the District Judge erred in allowing substitution, and the High Court's refusal to interfere was also incorrect. Consequently, the appeals were allowed.