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.