Supreme Court · 1996 INSC 979 · Decided 2 September 1996

Sharafat Hussain (Dead) Through LRS. v. MOHD. Shafiq and ORS.

Court
Supreme Court of India
Citation
1996 INSC 979 · [1996] SUPP. 5 S.C.R. 423
Case number
CIVIL APPEAL No. 12261/1996
Decided
2 September 1996
Bench
K. RAMASWAMY, G.B. PATTANAIK (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Limitation Act

Headnote

(DEAD) THROUGH LRS. A v. MOHD. SHAFIQ AND ORS. SEPTEMBER 2, 1996 [K. RAMASWAMY AND G.B. PATTANAIK, JJ.) B Code of Civil j'rocedure, 1908/Limitation Act, 1963 : Delay in bringing the legal representatives on record-Sole appellant died during pendency of appeal-Appeal dismissed as having abated-Ap- to give proper explanation-On appeal held considering the fact that the delay occurred as the counsel for the deceased-appellant could not communicate and the legal representatives were not aware of the appeal, D resulting in abatement, delay is condoned-Legal representatives brought 011

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