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Supreme Court of India 2019-10-04 dismissed

Pruthvirajsinh Nodhubha Jadeja (D) by Lrs vs Jayeshkumar Chhakaddas Shah & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A property dispute arose from a sale allegedly conducted under a power of attorney. After the original plaintiff's heirs sought unconditionally to withdraw the suit, the High Court allowed a petition to imple Jayeshkumar Chhakaddas Shah (JCS), whose interests would be vitally affected by the withdrawal. JCS contested whether the power of attorney in fact authorized the sale. The Supreme Court upheld the High Court's decision, holding that a party with vital interest in a suit is entitled to continue it despite other parties' settlement or withdrawal. The core issue—whether the power of attorney authorized the sale—must be decided in the pending suit, not afresh. JCS's rights cannot be extinguished by other parties' compromise."

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Civil Procedure Power of Attorney Property Law Transfer of Property Withdrawal of Suit High Court Jurisdiction

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