Supreme Court · 2007 INSC 844 · Decided 20 August 2007
Ramdas Shivram Sattur v. Rameshchandra Popatlal Shah and ORS.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 844 · [2007] 9 S.C.R. 101
- Case number
- CIVIL APPEAL No. 3807/2007
- Decided
- 20 August 2007
- Bench
- ARIJIT PASAYAT, D.K. JAIN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100
Headnote
B Code of Civil Procedure, I 908: 0. 41 r. 19-Abatement of suit/appeal-Dismissal of appeal in respect of respondent No.3 and 6 for want of prosecution-Restoration application- C Allowed by High Court in respect of respondent No. 6 and not in respect of respondent No. 3 -Held: Respondent Nos. 5 to was not justified in refusing application for restoration of respondent No.3-But she is dead and her LRs are already on record-Appeal shall not abate so far respondent D No.3 is concerned as abatement occurs automatically on the expiry of 90 days-Courts to adopt justice oriented approach and
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