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october 2007

Supreme Court of India · 2007-10-04

SUMTIBAI vs PARAS FINANCE CO.RG.PARTNERSHIP FIRM

Citation / case number
SC 2000/3744
Court
Supreme Court of India
Petitioner
SUMTIBAI
Respondent
PARAS FINANCE CO.RG.PARTNERSHIP FIRM
Author
MARKANDEY KATJU
Bench
MARKANDEY KATJU A. K. MATHUR

Judgment text excerpt

The Supreme Court held that legal representatives of a deceased party have the right to file an additional written statement and take any pleas available to them under Order 22 Rule 4(2) and Order 1 Rule 10 of the Civil Procedure Code (CPC). The Court found that the High Court erred in dismissing the application of the legal representatives of Kapoor Chand, emphasizing that every party has a right to a fair hearing and to present their case fully. The appeal was allowed, and the trial court was directed to permit the legal representatives to file their additional written statement.

SUMTIBAI vs PARAS FINANCE CO.RG.PARTNERSHIP FIRM · Niyam