Supreme Court of India
Mata Prasad Mathur (dead) by Lrs. v. Jwala Prasad Mathur & Ors.
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1 Supreme Court bench has cited this judgment.
From the headnote
Code of Civil Procedure, 1908 - Or.22, r.4(4) - Suit for declaration, partition and injunction - Death of a non- e contesting defendant - Failure of the plaintiffs-respondents to bring on record the LRs of such defendant - Held: Did not result in abatement of the suit - Requirement of substitution of the LRs of such non-contesting defendant could be legitimately dispensed with by the Court by virtue of the power of exemption abundantly available to it under Or.22, r.4(4). The question that arose for determination in the present appeal was whether the suit filed by the plaintiffs respondents
Where later benches applied it
Of those, 1 referred to
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