Supreme Court · 2003 INSC 110 · Decided 19 February 2003

G. Christhudas and ANR. v. Anbiah (Dead) and ORS.

Court
Supreme Court of India
Citation
2003 INSC 110 · [2003] 2 S.C.R. 247
Case number
CIVIL APPEAL No. 3292/1993
Decided
19 February 2003
Bench
S. RAJENDRA BABU, ASHOK BHAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 151, 122, 92; Limitation Act Section 137, 122, 5

Headnote

B Code of Civil Procedure, 1908-Section 151, Order XU-Limitation Act, lfJ6J~Attlcles 122 and 137-Suit-Dismissal of-Appeal-Death of appeliants-Applicatlons for bringing legal representatives on record in respect C of appellant who did not join the appeal held barred by /imitation-However It was for non-prosecution holding that party not diligent in prosecuting the appeal-On appeal, held-Applications not barred by limitation-Dismissal for non-prosecution can be only under Section 151 and · not under Order XLI-Jf an appeal is dismissed uls 151 it will not fall within D the scope

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