Supreme Court of India · 2008-11-26
Om Prakash Marwaha (D) Th. Lrs. & Ors vs Jagdish Lal Marwaha(D)Thr. Lrs
- Citation / case number
- 2009 AIR SCW 655
- Court
- Supreme Court of India
- Petitioner
- Om Prakash Marwaha (D) Th. Lrs. & Ors
- Respondent
- Jagdish Lal Marwaha(D)Thr. Lrs
- Author
- Altamas Kabir
- Bench
- Markandey Katju, Altamas Kabir
Judgment text excerpt
The Supreme Court addressed the issue of legal representation in appeals, specifically under Order 22 Rule 3 of the Code of Civil Procedure. It held that the legal representatives of a deceased party must be brought on record for the appeal to be valid, and failure to do so renders the decree passed in the appeal void. The Court affirmed the High Court's decision to allow the substitution of the legal representatives of the plaintiff, Jagdish Lal Marwaha, and directed the Registry to draw up the decree accordingly.