Supreme Court · 2004 INSC 452 · Decided 16 August 2004
Ganeshprasad Badrinarayan Lahoti (D) BY LRS. v. Sanjeevprasad Jamnaprasad Chourasiya and ANR.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 452 · [2004] SUPP. 3 S.C.R. 590
- Case number
- CIVIL APPEAL No. 5255/2004
- Decided
- 16 August 2004
- Bench
- ARIJIT PASAYAT, C.K. THAKKER (2-judge bench)
- Outcome
- Leave Granted & Allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 11; Limitation Act Section 5
Headnote
Code of Civil Procedure, 1908: Section 11 and Order 22 Rules 3, 4 and I I-Abatement of appeal- C Res judicata-App/icability of-Plaintiff died during pendency of appeal Legal heirs of plaintiff filed an application for substitution of their names long after his death-Appellate court rejected . the ought to have filed three applications i.e. (i) for substitution, (ii) for setting aside abatement of appeal and (iii) for D condonation of delay-Accordingly, three separate applications filed­ Appellate court rejected those applications also on the ground of res judicata-Correctness
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