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february 2008

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.

Mohd. Hussain (Dead) By Lrs & Ors vs Gopibai & Ors · Niyam