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.