Supreme Court · 2008 INSC 807 · Decided 11 July 2008

Perymon Bhagbathy v. Bhargavi Amma (Dead) BY LRS. and ORS.

Court
Supreme Court of India
Citation
2008 INSC 807 · [2008] 11 S.C.R. 1
Case number
CIVIL APPEAL No. 4440/2008
Decided
11 July 2008
Bench
R.V. RAVEENDRAN, LOKESHWAR SINGH PANTA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC; Limitation Act Section 5

Headnote

11 S.C.R. 1 ).... PERYMON BHAGBATHY A v. BHARGAVI AMMA (DEAD) BY LRS. AND ORS. (Civil Appeal No. 4440 of 2008) JULY 11, 2008 B [R.V. RAVEENDRAN AND LOKESHWAR SINGH PANTA, JJ] Code of Civil Procedure, 1908: Or. 22, rr. 4, 1 OA and 11 - Application for setting aside c abatement of second appeal - of legal heirs filed on D 9. 10. 2003 - Rejected by High Court- HELD: Lack of diligence or negligence can be attributed to an appellant only when he is aware of the death and fails to take steps to bring the legal representatives on record - In the instant case, second ap- peal was

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