Niyam v2 is live — start for just ₹100 — 200 credits to try

february 1996

Supreme Court of India · 1996-02-15

SINGHAI LALCHAND JAIN (DEAD) BY LRS. vs RASHTRIYA SWAYAM SEWAK SANGH .

Citation / case number
SC 1993/89322
Court
Supreme Court of India
Petitioner
SINGHAI LALCHAND JAIN (DEAD) BY LRS.
Respondent
RASHTRIYA SWAYAM SEWAK SANGH .
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that a representative suit under Order 1 Rule 8 of the Code of Civil Procedure, 1908 requires prior leave of the Court, and failure to obtain such leave renders the decree a nullity. The Court found that the execution of the decree was not maintainable as the objection raised by the respondents was valid. Consequently, the appeal was dismissed, affirming the High Court's ruling that the decree could not be executed due to the lack of compliance with procedural requirements under the Code.

SINGHAI LALCHAND JAIN (DEAD) BY LRS. vs RASHTRIYA SWAYAM SEWAK SANGH . · Niyam