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.