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october 2012

Supreme Court of India · 2012-10-05

PARAS NATH RAI vs STATE OF BIHAR .

Citation / case number
SC 2011/25083
Court
Supreme Court of India
Petitioner
PARAS NATH RAI
Respondent
STATE OF BIHAR .
Author
Dipak Misra
Bench
DIPAK MISRA K.S. RADHAKRISHNAN

Judgment text excerpt

The Supreme Court addressed the legal implications of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, particularly Section 3 and Section 4(c), in the context of a partition suit. The Court held that the statutory operation of law abated the appeal due to the non-substitution of a deceased respondent, establishing that a vested right had arisen in favor of the respondents. The Court ultimately upheld the High Court's decision, affirming the dismissal of the appeal and emphasizing the importance of procedural compliance in consolidation matters.

PARAS NATH RAI vs STATE OF BIHAR . · Niyam