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.