Supreme Court · 1993 INSC 24 · Decided 27 January 1993
Chaya and ORS. v. Bapusaheb and ORS.
- Court
- Supreme Court of India
- Citation
- 1993 INSC 24 · [1993] 1 S.C.R. 286
- Case number
- CIVIL APPEAL No. 1657/1984
- Decided
- 27 January 1993
- Bench
- KULDIP SINGH, P.B. SAWANT (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 4I; Hindu Succession Act Section 6; Succession Act
Headnote
F G H CHAYA AND ORS. v. BAPUSAHEB AND ORS. JANUARY 27, 1993 [KULDIP SINGH AND P.B. SAWANT, JJ.) Abatement-Suit by members of public for declaration of customary right to bury dead in suit land-Suit decreed by Trial Court-Decree upheld by District Court-During pendency of appeal defendant No.2 defendant Nos. I & 2 allowed to remain against others-Heirs of Defendant No.2 appealed to this Court-Held that according to plaintiffs right to sue survived, despite death of Defendant No.2 against the whu.e su1r land and against all the surviving defendants-Hence appeal had not abated. Code
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