Supreme Court · 2022 INSC 1312 · Decided 3 August 2022
Sakharam Since Deceased Through LRS & ANR. v. Kishanrao
- Court
- Supreme Court of India
- Citation
- 2022 INSC 1312 · [2022] 6 S.C.R. 901
- Case number
- CIVIL APPEAL No. 5067/2022
- Decided
- 3 August 2022
- Bench
- INDIRA BANERJEE, V. RAMASUBRAMANIAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908 - Or.XXII, rr.2 and 11 - Dismissal of Second Appeal by High Court on the ground that the appeal stood abated - Challenge to - Held: On facts, High Court fell into an error in thinking that the Second Appeal abated upon the death of Respondent joined together and secured a decree of declaration and possession of an immovable property, the death of one of the decree holders will not make the second appeal abate - As against the surviving successful plaintiff, the cause of action survived - Abatement occurs only when
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