Supreme Court · 2001 INSC 263 · Decided 8 May 2001
Amba Bai and ORS. v. Gopal and ORS.
- Court
- Supreme Court of India
- Citation
- 2001 INSC 263 · [2001] 3 S.C.R. 551
- Case number
- CIVIL APPEAL No. 4156/1998
- Decided
- 8 May 2001
- Bench
- U.C. BANERJEE, K.G. BALAKRISHNAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
B· Civil Procedure Code, 1908-0rder 22, Rules, 3, p and ll-Appeal- .) Abatement-Effect of-Suit for specific performance-Decreed by First Appellate Court--Second Appeal-Pendency of-Death of second Appellant c (Defendant)-Not brought to the notice of court-Legal representatives not impleaded passed by First Appellate · Court would acquire finali~No merger of judgment, decree or order passed ' I in Second Appeal with that passed in First Appeal. Doctrines D A. Doctrine of Merger-Scope and Applicability of Plaintiff filed a suit for specific performance against the
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