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Sou. Swati W/O. Abhay Deshmukh And ... vs Shri. Abhay S/O. Purushottam Deshmukh on 26 February, 2016 cites

L.I.C. Of India vs Anuradha on 26 March, 2004

3. In support of the Appeal, Mr S.V. Purohit, learned counsel for the appellants submitted that the Civil Suit was filed on civil death referrable to section 108 of the Evidence Act, by invoking the plenary jurisdiction under Section 9 of the Civil Procedure Code. The Courts below with reference to Section 34 of the Specific Relief Act made confusion for denying the relief, whereas as matter of fact, there was absolutely no contest, no relatives, friends or for that matter even the State because none including the State objected to the grant of relief pursuant to the notification published by the Court in the newspaper on 21.4.2015 (Exh.13) and, therefore, it was required to be presumed that none have objection for grant of objection. At any rate, according to him, the relief under Section 108 of the Evidence Act that was sought, was obviously for the benefit of the dependents of Abhay Deshmukh and not for seeking relief against anybody. The Courts below should not have dismissed the Suit for reasons which are not germane. He relied the ::: Uploaded on - 29/02/2016 ::: Downloaded on - 31/07/2016 06:44:53 ::: sa.18.16 4 decision in the case of LIC of India vs. Anuradha: AIR 2004 SC 2070.
Supreme Court of India Cites 7 - Cited by 173 - R C Lahoti - Full Document
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