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PETITIONER: DEPUTY COMMISSIONER, HARDOI
Vs.
RESPONDENT: RAMA KRISHNA NARAIN AND OTHERS.
DATE OF JUDGMENT: 08/10/1953
BENCH: MAHAJAN, MEHR CHAND BENCH: MAHAJAN, MEHR CHAND MUKHERJEA, B.K. JAGANNADHADAS, B.
CITATION: 1953 AIR 521 1954 SCR 506
ACT: U. P. Encumbered Estates Act, 1934, s. 11 (2)-Proceedings under s. 11(2)-Appeal from order rejecting claim- Creditors who did not take active steps-Whether necessary parties.
HEADNOTE: Creditors who did not take an active part in the proceedings are not necessary parties to an appeal from an order rejecting a claim made in a proceeding under section 11 (2) of the U. P. Encumbered Estates Act, 1934. The technical rules of the Civil Procedure Code regarding the impleading of parties should not be applied to such proceedings. The matter should be viewed in a more liberal way, regard being always had to the fact that there is no collusion between the debtor and the claimant. I Rameshwar v. Ajodhia Prasad (A.I.R. 1941 Oudh 580), Chaudhri Bishuanth Prasad v. Sarju Saran Tewar (A.I.R. 1942 Oudh 16), Lakshmi Narain v. Satgurnath (A.I.R. 1942 Oudh 339) and Benares Bank Ltd. v. Bhagwandas (A.I.R. 1947 All. 18) overruled.
JUDGMENT: APPELLATE JURISDICTION: Civil Appeal No. 59 of1951. Appeal from the Judgment and Decree dated the 22nd August, 1944, of the High Court of Judicature at Allahabad (Verma and Hamilton ...