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march 2009

Supreme Court of India · 2009-03-30

Devineni Tirupathirayudu & Ors vs Surapaneni Suramma (D) By Lrs. & Ors

Citation / case number
AIRONLINE 2009 SC 705
Court
Supreme Court of India
Petitioner
Devineni Tirupathirayudu & Ors
Respondent
Surapaneni Suramma (D) By Lrs. & Ors
Bench
G.S. Singhvi, B.N. Agrawal

Judgment text excerpt

The Supreme Court held that the trial court erred in decreeing the suit based on a compromise petition without being informed of the death of defendant no.4, as required under Order 22 Rule 4 CPC. The Court emphasized that the legal representatives of a deceased party must be brought on record before proceeding with a compromise decree, in line with Order 23 Rule 3A CPC. Consequently, the Court set aside the compromise decree and restored the suit for further proceedings, ensuring compliance with legal requirements.

Devineni Tirupathirayudu & Ors vs Surapaneni Suramma (D) By Lrs. & Ors · Niyam