Supreme Court of India · 2008-01-09
K.S. Krishna Sarma vs Kifayat Ali
- Citation / case number
- AIR 2008 SUPREME COURT 1337
- Court
- Supreme Court of India
- Petitioner
- K.S. Krishna Sarma
- Respondent
- Kifayat Ali
- Author
- P. Sathasivam
- Bench
- Arijit Pasayat, P. Sathasivam
Judgment text excerpt
The Supreme Court upheld the order of the High Court which remanded the case for a de novo enquiry, emphasizing the necessity of including Smt. A. Annapurna as a party to the proceedings under Article 227 of the Constitution of India. The Court established that the absence of a necessary party can render a decree defective, thus necessitating a re-evaluation of the case to ensure all legal representatives are included. The appeal was dismissed, affirming the High Court's decision to allow Smt. A. Annapurna to file her written statement and participate in the proceedings.