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august 1996

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.

MAULVI ISSA QURESHI vs DISTT. JUDGE, DEORIA . · Niyam