Supreme CourtDivision Bench

Mariamben Daughter Of Rasulbhai vs Chandrakant Ratilal Kalal (D) Through His Legal Heirs

Supreme Court Of India · Decided on 25 February 2019 · Citation: (2019) 02 SC CK 0417

HON’BLE JUDGES
Sanjay Kishan Kaul, J · Indira Banerjee, J
RESULT
Allowed
CASE NUMBER
Civil Appeal No. 2022 Of 2019
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Judgment

7 paragraphs · 127 words

Leave granted.

On hearing learned counsel for the parties, the following agreed order is passed :-

1) The impugned order dated 21.7.2014 is set aside and consequently, the application filed by the appellants for impleadment of legal representatives of deceased sole respondent before the High Court is allowed.

2) In view of the decision rendered on 06/03/2013 in Second Appeal No. 134 of 1995 in the absence of the legal representatives of the respondent, the matter would have to be decided afresh after hearing learned counsel for both the parties, on the basis of question of law already framed by the High Court.

All contentions of law as are available to both the parties are kept open.

The appeal is, accordingly, allowed.

No order as to costs.