Sohan Lal Vs. Asha Ram and ors. - Court Judgment
|Court||Supreme Court of India|
|Case Number||Civil Appeal No. 2124 of 1978|
|Judge|| O. Chinnappa Reddy,; R.S. Pathak and; v.R. Krishna Iyer, JJ.|
|Reported in||AIR1981SC174a; (1981)1SCC106; 1980(12)LC801(SC)|
|Respondent||Asha Ram and ors.|
- order 22, rules 4(4), 3 & 10-a:[tarun chatterjee & harjit singh bedi, jj] exemption from necessity of substituting l.rs. of defendant held, if exemption, which is provided under order 22, rule 4(4) is obtained from the court before the delivery of the judgment, in that case, it would be open to the court to exempt the plaintiff from bringing on record the heirs and legal representatives of the defendant even if, the defendant had died during the pendency of the suit as if the judgment was pronounced by treating that the defendant was alive notwithstanding the death of such defendant and shall have the same force and effect as if it was pronounced before the death had taken place. the court is empowered to exempt a plaintiff from the necessity of substituting the heirs and legal..........appeal without adjudication the same fate will be shared by the cross appeal, patties will bear their own.....
V.R. Kirshna Iyer, J.
1. This election appeal would have invited adjudication of the issue raised by the appellant but for the fact that the U P. Legislative Assembly has since been dissolved, fresh elections having taken place and a fresh House having come into existence with newly elated representatives. Perhaps Shri Lakhi's client has a substantial grievance. It is also possible that the decision of the Court below was wrong but we are not inclined to investigate the question at all and, therefore, do not propose to hear either Shri Lakhi or Shri Yogsshwer Prasad. The subsequent events we have adverted to have rendered this litigation so wholly unreal that it will be a waste of this Court's time to consider the Issues. For this reason we dispose of this appeal without adjudication The same fate will be shared by the cross appeal, Patties will bear their own costs.