VidhiSangh

Supreme Court of India · 27/02/2025

PAPPAMMAL (DIED) THROUGH LR R. KRSNA MURTII versus JOTHI & ANR.

[2025] 2 S.C.R. 1411 · 2025 INSC 277

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Summary

The appellant, substituted as plaintiff on the strength of a will, objected to his sister (another legal heir of the deceased plaintiff) being impleaded as a defendant. The Court held that its earlier order permitting his substitution did not bar anyone else from contesting the will, that all necessary parties must be heard to reach the truth, and dismissed the appeal.

Issues

  1. Whether the trial court rightly allowed a daughter of the deceased plaintiff to be impleaded as a defendant under Order I Rule 10(2) CPC in a suit being prosecuted by her brother as the plaintiff substituted under a will.
  2. Whether this Court's earlier order restoring the appellant's substitution application precluded the impleadment of other legal heirs.

Provisions considered

Held

Result

Appeal dismissed; orders of the trial court and the High Court allowing the impleadment of respondent No. 1 as a defendant upheld. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 2 S.C.R. 1411.