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.