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D.R. Somayajulu, Secretary, D.L.S. & Ors. vs. Attili Appala Swamy & Ors. (SC)

32.00 3.20

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Code of Civil Procedure, 1908–Order 47, Rule 1–Urban Land (Ceiling & Regulation) Act, 1976–Sec. 6–Urban Land (Ceiling & Regulation) Repeal Act, 1999–Sec. 1–Review–Allowed by the High Court–View of High Court that there was no proper representation of the estate of deceased by her LRs. hence, the proceedings against a dead person were void and illegal–High Court ignored the fact of participation of sons, daughters and grandchildren of deceased–Same objection was considered by all Forums–Further, High Court observed that the proceedings have no effect in view of repealing Act–Not justified–Impugned order is erroneous and not sustainable.