Supreme Court of India · 2009-07-24
Daria Lino D'Sae Dias & Ors vs Anthony D'Sa & Ors
- Citation / case number
- AIRONLINE 2009 SC 524
- Court
- Supreme Court of India
- Petitioner
- Daria Lino D'Sae Dias & Ors
- Respondent
- Anthony D'Sa & Ors
- Bench
- Deepak Verma, S.B. Sinha
Judgment text excerpt
The Supreme Court addressed the procedural issues surrounding the abatement of a suit following the death of the original plaintiff, Maria Menezes D'Sa, under the Code of Civil Procedure, 1908. The Court held that the High Court erred in not allowing the application to bring the heirs on record, emphasizing that the power to do so should be exercised liberally, especially when the suit was filed on behalf of the heirs. The Court set aside the High Court's order and directed that the heirs be allowed to continue the proceedings, thereby reinstating their rights in the suit.