Supreme Court of India · 2008-02-19
Mohd. Hussain (Dead) By Lrs & Ors vs Gopibai & Ors
- Court
- Supreme Court of India
- Petitioner
- Mohd. Hussain (Dead) By Lrs & Ors
- Respondent
- Gopibai & Ors
- Author
- Tarun Chatterjee
- Bench
- Tarun Chatterjee, A.K. Mathur
Judgment text excerpt
The Supreme Court held that the second appeal did not abate due to the death of Mohd. Hussain, as some of his heirs were already on record. The Court clarified that only the name of the deceased needed to be deleted from the array of respondents, and the absence of other heirs did not render the suit for redemption of mortgage non-maintainable. The judgment of the High Court was upheld, affirming the maintainability of the suit despite the non-impleadment of all heirs.