Supreme Court of India · 2009-07-24
DARIA LINO D'SAE DIAS vs ANTHONY D'SA .
- Citation / case number
- SC 2008/8374
- Court
- Supreme Court of India
- Petitioner
- DARIA LINO D'SAE DIAS
- Respondent
- ANTHONY D'SA .
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 condoning the delay in filing an application to bring the heirs on record, emphasizing that the jurisdiction of the court is not negated by minor procedural missteps. The Court ultimately set aside the High Court's order, allowing the appellants to pursue their claims as legal representatives of the deceased plaintiff.