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

april 2019

Supreme Court of India · 2019-04-09

Shailndra Kumar Jain vs Maya Prakash Jain

Citation / case number
AIR 2019 SUPREME COURT 1900
Court
Supreme Court of India
Petitioner
Shailndra Kumar Jain
Respondent
Maya Prakash Jain
Author
Uday Umesh Lalit
Bench
Indu Malhotra, Uday Umesh Lalit

Judgment text excerpt

The Supreme Court upheld the High Court's dismissal of Civil Revision No.156 of 2016, affirming the trial court's decision to reject the impleadment application of Smt. Srikanta Jain's legal heirs in Suit No.464 of 2006. The Court noted that the earlier decree from Suit No.92 of 1966, which established the shares of the parties, was binding and that the legal heirs had knowledge of the decree but failed to appeal against it. The Court emphasized that the impleadment was unnecessary as the parties involved were already determined in the prior suit, thus reinforcing the principle of finality in judgments under Section 11 of the Code of Civil Procedure, 1908.

Shailndra Kumar Jain vs Maya Prakash Jain · Niyam