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Ghafoor Ahmad Khan Vs. Bashir Ahmad Khan (Dead) by Lrs. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 3497 of 1982 (Arising out of S.L.P. (Civil) No. 1548 of 1980)
Judge
Reported inAIR1983SC123; 1982(2)SCALE1372; (1982)3SCC486; 1982(14)LC829(SC)
ActsCode of Civil Procedure (CPC) - Order 22, Rule 10
AppellantGhafoor Ahmad Khan
RespondentBashir Ahmad Khan (Dead) by Lrs.
Excerpt:
.....the lawyers for the parties presented petitions to the high court for recording compromises in the appeals. the high court passed decrees in terms of the compromises. shortly afterwards the court of wards released the two estates. later, the appellant recovered from her affliction, and was declared to be of sound mind. she presented two applications to the high court alleging that the compromise decrees were a nullity and praying for a proper disposal of the appeals. the high court rejected the applications. the appellant contended, that the compromise decrees were a nullity (i) as the court of wards had not complied with the mandatory provisions of s. 56 of the act, (ii) as there could not in law be a compromise unless there were two parties but in this case there was only one party the.....orderafter hearing counsel for the respondents we are not satisfied with the high court's order directing that the appeal has abated and is, therefore, dismissed; that order cannot be sustained. this is not a case where on the death of the sole respondent his heirs are sought to be brought on record. during the life time of the sole respondent there was a transfer of the property (subject-matter of appeal) by way of a gift to his wife. in other words it is a case of devolution of interest and the case falls under order xxii, rule 10 c.p.c. and there will be no question of abatement. we, therefore, direct that the transferee be brought on the record. the appeal is remitted to the high court and the same be heard and disposed of in accordance with law.
Judgment:
ORDER

After hearing counsel for the respondents we are not satisfied with the High Court's Order directing that the appeal has abated and is, therefore, dismissed; that order cannot be sustained. This is not a case where on the death of the sole respondent his heirs are sought to be brought on record. During the life time of the sole respondent there was a transfer of the property (subject-matter of appeal) by way of a gift to his wife. In other words it is a case of devolution of interest and the case falls under Order XXII, Rule 10 C.P.C. and there will be no question of abatement. We, therefore, direct that the transferee be brought on the record. The appeal is remitted to the High Court and the same be heard and disposed of in accordance with law.


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