Civil Law
Mode of Citation- ILC-2016-SC-CIVIL-....
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Civil Law
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Civil Law
Mode of Citation- ILC-2016-SC-CIVIL-....
Judgement Subject Index/Important Decision/Topic

ILC-2015-SC-CIVIL-Sep-8

Sharadamma Vs. Mohammed Pyrejan (D) Through Lrs. & Anr.

Head Note

The Code of Civil Procedure, 1908  - Order XXII Rule (10) ,  Rule (11)

Release of Right During Pendency of Appeal - Right of Assignor to Continue Appeal - Dismissal of the appeal filed by the plaintiffappellant on the ground that she had released her interest in the suit property in favour of her daughter during pendency of appeal who in turn, had transferred the property in favour of third party vide sale deed hence she had lost her right to continue the appeal preferred as against dismissal of the suit held to be illegal - Held that merely due to the assignment or release of the rights during the pendency of the appeal, the appellant did not in any manner lose the right to continue the appeal - Merely by transfer of the property during the pendency of the suit or the appeal, plaintiff or appellant, as the case may be, ordinarily has a right to continue the appeal - It is at the option of the assignee to move an application for impleadment.

Topic(s)-Release of Right During Pendency of Appeal - Right to continue appeal not affected







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