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april 1972

Supreme Court of India · 1972-04-03

RAMAGYA PRASAD GUPTA & ORS. vs MURLI PRASAD

Citation / case number
SC 1967/340
Court
Supreme Court of India
Petitioner
RAMAGYA PRASAD GUPTA & ORS.
Respondent
MURLI PRASAD
Bench
PALEKAR, D.G.

Judgment text excerpt

The Supreme Court held that an appeal abates if the legal representatives of a deceased respondent are not impleaded within the limitation period, as established under the principles derived from the case of Nathu Ram. The Court clarified that while an appeal may not abate against other respondents, it must be dismissed if the appeal's success could lead to contradictory decisions or if the appellant cannot seek necessary relief against the surviving respondents. The appeals in this case were dismissed due to the failure to implead the legal representatives of the deceased respondent within the prescribed time frame.

RAMAGYA PRASAD GUPTA & ORS. vs MURLI PRASAD · Niyam