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march 2008

Supreme Court of India · 2008-03-14

Sujaben Manubhai Solanki And Ors vs Shivsangbhai Pursangbhai Solanki & Ors

Court
Supreme Court of India
Petitioner
Sujaben Manubhai Solanki And Ors
Respondent
Shivsangbhai Pursangbhai Solanki & Ors
Bench
P.P. Naolekar, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court held that in partition suits, the legal representatives of a deceased appellant should be allowed to be brought on record to ensure that the matter is decided on merits, as per the principles of substantial justice. The Court set aside the High Court's order of abatement and restored the First Appeal, emphasizing the need for liberal construction in procedural matters to avoid injustice. The Court directed the High Court to expedite the hearing of the case, preferably within eight months.

Sujaben Manubhai Solanki And Ors vs Shivsangbhai Pursangbhai Solanki & Ors · Niyam