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
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)