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1 - 3 of 3 (0.14 seconds)Section 115 in The Code of Civil Procedure, 1908 [Entire Act]
S. Chatterji vs Dr. T.B. Sarwate And Ors. on 16 April, 1960
9. Learned counsel for the opposite parties then relied upon a decision in the case of S. Chatterji v. Dr. T.B. Sarwate (AIR 1960 Madh Pra 322). In that case the point for consideration was as to whether in a suit against joint tort-feasors if one of the defendants dies and the plaintiff fails to bring on record the names of his heirs and legal representative, the suit abates as against the other defendants. Answer to the question depended on as to whether the conduct of the plaintiff in not bringing the names of the heirs and legal representative of the deceased joint tort-feasors on record amounted to release of the deceased joint tort-feasors. The court below held that it did not amount to such a release and the suit could be pursued against the remaining joint tort-feasors, implying thereby that as the right to sue survived against the remaining defendants, there was no question of abatement of the suit.
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