Supreme Court of India · 2003-08-01
KAUSHALYA DEVI vs SARO DEVI .
- Citation / case number
- SC 1999/18861
- Court
- Supreme Court of India
- Petitioner
- KAUSHALYA DEVI
- Respondent
- SARO DEVI .
- Bench
- R.C. LAHOTI & ASHOK BHAN.
Judgment text excerpt
The Supreme Court held that the dismissal of Title Appeal No. 9/80 as abated due to the failure to bring on record the legal representatives of the deceased respondent was erroneous. The Court emphasized that a liberal approach should be adopted in such matters, allowing for the opportunity to be heard on merits unless there is gross negligence. The Court restored the appeal in the High Court and set aside the dismissal of MJC No. 210/97, thereby ensuring that justice was served without being hindered by technicalities.