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january 1988

Supreme Court of India · 1988-01-13

M. VEERAPPA vs EVELYN SEQUEIRA & ORS.

Citation / case number
SC 1988/70810
Court
Supreme Court of India
Petitioner
M. VEERAPPA
Respondent
EVELYN SEQUEIRA & ORS.
Author
S. NATRAJAN
Bench
S. NATRAJAN

Judgment text excerpt

The Supreme Court held that the suit for damages against an advocate does not abate upon the death of the plaintiff, as per Section 306 of the Indian Succession Act, 1925, which allows legal representatives to continue actions of or against a deceased person. The Court clarified that Order XXII, Rules I and 3(1) of the Code of Civil Procedure govern the rights of legal representatives to proceed with a suit filed by a deceased plaintiff. The appeal against the High Court's decision was dismissed, affirming the right of the legal representatives to continue the suit.

M. VEERAPPA vs EVELYN SEQUEIRA & ORS. · Niyam