https://www.taxtmi.com/caselaws?id=171080 The Supreme Court clarified that under Order 22 Rule 10, a suit can continue with the original party even if the interest devolves upon another during its pendency. Failure to apply for leave does not lead to dismissal, and the proceeding continues by or against the original party. The obligation to file an application for leave initially lies with the plaintiff, but the person upon whom the interest devolves or any interested party may also apply. The Court set aside the High Court's order, restored the executing court's order, and directed parties to bear their own costs, emphasizing that failure to bring the successor-in-interest on record does not render the decree void ab initio. en-us Tue, 24 Jul 2001 00:00:00 +0530 Thu, 09 Jul 2015 15:14:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=171080 The Supreme Court clarified that under Order 22 Rule 10, a suit can continue with the original party even if the interest devolves upon another during its pendency. Failure to apply for leave does not lead to dismissal, and the proceeding continues by or against the original party. The obligation to file an application for leave initially lies with the plaintiff, but the person upon whom the interest devolves or any interested party may also apply. The Court set aside the High Court's order, restored the executing court's order, and directed parties to bear their own costs, emphasizing that failure to bring the successor-in-interest on record does not render the decree void ab initio. Case-Laws Indian Laws Tue, 24 Jul 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=171080