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november 2008

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.

Om Prakash Marwaha (D) Th. Lrs. & Ors vs Jagdish Lal Marwaha(D)Thr. Lrs · Niyam