Supreme Court of India

Dwarika Prasad v. Nirmala and Ors.

Neutral citation
Reported as [2009] 16 S.C.R. 605
Bench B. Sudershan Reddy and J.M. Panchal JJ.
Decided 17 December 2009

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.

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Suit: Restoration of suit - Suit for partition of joint properties filed by deceased father- Dismissed as withdrawn - Right of plaintiff's daughter to restore the suit after death of plaintiff - Held: Daughter and legal representative are entitled to continue the suit in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- As per record she came to know later on that.fraud was committed while getting partition suit dismissed as withdrawn - Hence, she was entitled to file application

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