Supreme Court of India · 2007-10-04
Sumtibai & Others vs Paras Finance Co. Mankanwar W/O ...
- Citation / case number
- AIR 2007 SUPREME COURT 3166
- Court
- Supreme Court of India
- Petitioner
- Sumtibai & Others
- Respondent
- Paras Finance Co. Mankanwar W/O ...
- Author
- Markandey Katju
- Bench
- A. K. Mathur, Markandey Katju
Judgment text excerpt
The Supreme Court held that legal representatives of a deceased party have the right to file an additional written statement and present their defense in a suit, as per Order 22 Rule 4(2) CPC and Order 1 Rule 10 CPC. The Court found that the lower courts erred in rejecting the application of the legal representatives of Kapoor Chand to file an additional written statement, emphasizing the principles of natural justice and the right to a fair hearing. The appeal was allowed, and the lower court's decision was set aside, permitting the legal representatives to take their defense in the ongoing suit.