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.