Niyam v2 is live — start for just ₹100 — 200 credits to try

september 2015

Supreme Court of India · 2015-09-23

Sharadamma vs Mohammed Pyrejan(D) Tr.Lrs.& Anr

Citation / case number
AIR 2015 SUPREME COURT 3747
Court
Supreme Court of India
Petitioner
Sharadamma
Respondent
Mohammed Pyrejan(D) Tr.Lrs.& Anr
Author
Arun Mishra
Bench
Arun Mishra, Kurian Joseph

Judgment text excerpt

The Supreme Court held that the High Court's dismissal of the appeal based on the plaintiff's release of interest in the property was illegal. The Court clarified that under Order 22 Rule 10 and Rule 11 of the Code of Civil Procedure, a plaintiff retains the right to continue an appeal despite transferring property rights during its pendency. The Court emphasized that dismissal cannot occur solely due to the failure of the assignee to seek impleadment, allowing the original plaintiff to continue proceedings for the benefit of the assignee.

Sharadamma vs Mohammed Pyrejan(D) Tr.Lrs.& Anr · Niyam