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september 2017

Supreme Court of India · 2017-09-05

SAMAR KUMAR ROY (D) THROUGH LR (MOTHER) vs JHARNA BERA

Citation / case number
SC 2016/2816
Court
Supreme Court of India
Petitioner
SAMAR KUMAR ROY (D) THROUGH LR (MOTHER)
Respondent
JHARNA BERA
Author
R.F. NARIMAN
Bench
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

Judgment text excerpt

The Supreme Court addressed the maintainability of a Title Suit under Section 34 of the Specific Relief Act, 1963, after the death of the original plaintiff. The Court held that the suit, which sought a declaration regarding the legal status of a marriage, could be continued by the plaintiff's mother as a legal representative, emphasizing that the suit was not merely for annulment under the Special Marriage Act, 1954 or the Hindu Marriage Act, 1955. The Court set aside the High Court's order that denied the substitution, affirming the right of the legal representative to pursue the claim.

SAMAR KUMAR ROY (D) THROUGH LR (MOTHER) vs JHARNA BERA · Niyam