Supreme Court of India

Shivshankara & Anr v. H.P. Vedavyasa Char

Neutral citation
Reported as [2023] 6 S.C.R. 359
Bench B. R. Gavai and C. T. Ravikumar JJ.
Decided 29 March 2023

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.

3 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the aforesaid decisions and the factual posit ion obtained in this case, in our opinion, the decisions sought to be relied on by the appellants are really of no assistance.

Judgment, page 28

From the headnote

Abatement: Abatement of suit – Non-joinder of neces sary parties – Non-impleadment of all other legal heirs of deceased defendant – Effect of – Held: In the event of death of one of the defendants, when the estate/interest was being fully and subst antially represented in the suit jointly by the other defendan ts along with deceased defendant and when they are also his legal representa tives, by reason of non-impleadment of all other legal heirs conse quential to the death of the said defendant, the suit would not abate – Such suit not bad for non-joinder of necessary parties o f all his

Where later benches applied it

Of those, 1 relied on · 2 referred to

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