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.