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Supreme Court of India 2019-10-04 dismissed

PRUTHVIRAJSINH N JADEJA(D) BY LRS vs JAYESHKUMAR CHHAKADDASM SHAH

Bench: 2 — Deepak Gupta, Aniruddha Bose

In Brief

The appellants (defendants) challenged a High Court order that allowed the respondent (a subsequent purchaser of the suit property) to be substituted as a co-plaintiff in a pending civil suit originally filed by the previous owner. The Supreme Court held that an assignee of the original plaintiff's rights is entitled to continue the suit under Order XXII Rule 10 CPC if they have a vital interest in the property. The withdrawal by the original plaintiff's legal heirs did not defeat the assignee's rights. The Court dismissed the appeal, holding the High Court's order was justified.

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Civil Procedure Succession and Inheritance Contract Law Property Rights Substitution of Parties

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