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Supreme Court of India

Dhurandhar Prasad Singh v. Jai Prakash University and Ors.

Neutral citation
Reported as [2001] 3 S.C.R. 1129
Bench G.B. Pattanaik J.
Decided 24 July 2001

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

14 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the foregoing discussions, we have no difficulty in holding that the High Court was not justified in allowing objection under Section 47 of the Code.

Judgment, page 17

From the headnote

Code of Civil Procedure, 1908: Section 47-Exercise of powers under-Scope and ambit of-Held: Decree can be set aside if the same is void ab initio and a nullity-But decree c passed without impleading a party is not void ab initio so as to entail its dismissal-Such a decree has to be challenged by filing a properly constituted suit. Order 22 Rule I 0-Pendency of suit-Devolution of interest during- Leave to continue suit-Held: Initial duty lies upon the plaintiff to seek leave to continue suit-But the person upon whom interest has devolved, or any ... _ _}, person interested, may also apply for

Authorities it was built on

Where later benches applied it

Of those, 6 relied on · 4 referred to · 4 mentioned

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