Supreme Court of India · 2003-09-09
Saligram Khirwal vs Union Of India (Uoi) And Ors.
- Citation / case number
- AIR 2004 SUPREME COURT 805
- Court
- Supreme Court of India
- Petitioner
- Saligram Khirwal
- Respondent
- Union Of India (Uoi) And Ors.
- Bench
- R.C. Lahoti, Ashok Bhan
Judgment text excerpt
The Supreme Court held that the right to sue did not survive to the legal representatives of the deceased Dr. Sarojini Pradhan after her death, thus the High Court erred in allowing the writ petition on merits. The Court emphasized that the substitution of parties is not warranted when the original party's cause of action ceases to exist upon death. Consequently, the judgment of the High Court was set aside, and the appeal was allowed, reaffirming the finality of the mining lease granted to the appellant under the Mines and Minerals (Regulation and Development) Act, 1957.