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april 2005

Supreme Court of India · 2005-04-13

AMIT KUMAR SHAW vs FARIDA KHATOON

Citation / case number
SC 2004/16622
Court
Supreme Court of India
Petitioner
AMIT KUMAR SHAW
Respondent
FARIDA KHATOON
Author
AR. LAKSHMANAN ASHOK BHAN
Bench
DR. AR. LAKSHMANAN ASHOK BHAN

Judgment text excerpt

The Supreme Court addressed the applicability of Order 1 Rule 10 and Order XXII Rule 10 of the Code of Civil Procedure, 1908, alongside Section 52 of the Transfer of Property Act, 1882, in determining the rights of subsequent transferees in ongoing litigation. The Court held that the High Court erred in rejecting the appellants' application for substitution as necessary parties, emphasizing that the absence of mala fide intent should allow for their inclusion. The judgment reversed the High Court's decision, allowing the appellants to be added as parties to the appeals.

AMIT KUMAR SHAW vs FARIDA KHATOON · Niyam