Supreme Court of India
Kumud Lall v. Suresh Chandra Roy (dead) Thr Lrs
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What the Court ordered
Held as under: 38 2001 (1) CPR 45 [2026] 5 S.C.R. 343 Kumud Lall v.
Judgment, page 42
From the headnote
Issue for Consideration Issue arose whether, upon death of the doctor during pendency of proceedings at appellate stage, the legal heirs can be impleaded and held liable for the alleged act of medical negligence of the deceased doctor, and if yes, then to what extent. Headnotes† Consumer Protection Act, 1986 – ss.13(7), 2(b)(v) – Consumer Protection Act, 2019 – ss.38(12), 2(5)(vi) – Succession Act, 1925 – s.306 – Legal Representatives Suits Act, 1855 – Code of Civil Procedure, 1908 – Ord. 22, r.4 – Continuation of ‘right to sue’ – Death of the alleged medically negligent doctor – Impleading
Authorities it was built on
- 2008 Baboolal Sharda & Anr. v. Smt. Savitribai & Ors.
- 2020 Dahiben v. Arvindbhai Kalyanji Bhanusali (gajra) (d) Thr Lrs & Ors.
- 1991 State of Punjab and Ors. v. Gurdev Singh, Ashok Kumar
- 2001 V.K. Palaniappa Chettiar (dead) by Lrs. v. Ramasami Gounder and Anr.
- 1985 Melepurath Sankunni Ezhuthassan v. Thekittil Gopalankutty Nair
- 1988 M.veerappa v. Evelyn Sequeira & Ors.
- 1974 Ramautar Lal Jain v. Maya Kaur & 13 Ors.
- 2025 Indian Evangelical Lutheran Church Trust Association v. Sri Bala & Co.
- 2024 Vinayak Purshottam Dube (deceased), through Lrs. v. Jayashree Padamkar Bhat & Others
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