Supreme Court of India · 2015-09-23
SHARADAMMA vs MOHAMMED PYREJAN(D) TR.LRS.
- Citation / case number
- SC 2013/37317
- Court
- Supreme Court of India
- Petitioner
- SHARADAMMA
- Respondent
- MOHAMMED PYREJAN(D) TR.LRS.
- Author
- ARUN MISHRA
- Bench
- ARUN MISHRA KURIAN JOSEPH
Judgment text excerpt
The Supreme Court held that the dismissal of an appeal due to the appellant's release of interest in the property is illegal. The Court emphasized that under Order 22 Rule 10 and Rule 11 of the Code of Civil Procedure, a party can continue an appeal despite transferring property rights during its pendency. The Court clarified that the failure of the assignee to apply for impleadment does not warrant dismissal of the appeal, allowing the original appellant to continue proceedings for the benefit of the assignee.