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july 2009

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.

DARIA LINO D'SAE DIAS vs ANTHONY D'SA . · Niyam