Supreme Court · 2010 INSC 481 · Decided 5 August 2010

Budh Ram & ORS. v. Bansi & ORS.

Court
Supreme Court of India
Citation
2010 INSC 481 · [2010] 9 S.C.R. 674
Case number
CIVIL APPEAL No. 6291/2010
Decided
5 August 2010
Bench
P. SATHASIVAM, B.S. CHAUHAN (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC

Headnote

Code of Civil Procedure, 1908 -Or. 22, r.4(3) and (4) - Death of one of the several respondents - During pendency C of appeal - Abatement of appeal - Whether only qua the deceased respondent or in toto - Held: Where each parly has independent right, and the parlies have no conflicting interests respondent - But where there is a possibility that the court may D pass a decree contradictory to the decree in favour of the deceased party, the appeal will abate in toto - On facts, appeal was liable to abate in toto - Abatement. Respondent (plaintiffs) filed a suit against the E

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