Supreme Court of India
Dwarika Prasad v. Nirmala and Ors.
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What the Court ordered
For the foregoing reasons the appeal fails and is dismissed.
Judgment, page 13
From the headnote
Suit: Restoration of suit - Suit for partition of joint properties filed by deceased father- Dismissed as withdrawn - Right of plaintiff's daughter to restore the suit after death of plaintiff - Held: Daughter and legal representative are entitled to continue the suit in view of the provisions of Hindu Succession Act - Only when right to sue is personal to deceased, same would not survive for benefit of his legal representatives - As per record she came to know later on that.fraud was committed while getting partition suit dismissed as withdrawn - Hence, she was entitled to file application
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