Supreme Court · 2008 INSC 215 · Decided 19 February 2008

MOHD. Hussain (Dead) BY LRS. and ORS. v. Gopibai and ORS.

Court
Supreme Court of India
Citation
2008 INSC 215 · [2008] 2 S.C.R. 1218
Case number
CIVIL APPEAL No. 912/1999
Decided
19 February 2008
Bench
A.K. MATHUR, TARUN CHATTERJEE (2-judge bench)
Outcome
Case Allowed
Case type
Civil

Headnote

Abatement - Of second appeal - Death of one of respondent - No application for substitution of his heirs and c LRs made e,ven till signing of judgment - Plea of appellant ' that second appeal abated in its entirety on death of deceased respondent - Held: Not tenable as some of heirs and LRs were already on record in the file of second appeal - T.herefore question of abatement of seco_nd ·D appeal on death of the respondent would not arise - The only requirement under the law was to take note of his death and delete his name from array of respondents in· second

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