Supreme Court of India · 1999-02-15
BADNI (DEAD) BY L.RS. & ORS,,ETC. ETC, vs SIRI CHAND (DEAD) BY L.RS. & ORS., ETC.
- Citation / case number
- SC 1981/63769
- Court
- Supreme Court of India
- Petitioner
- BADNI (DEAD) BY L.RS. & ORS,,ETC. ETC,
- Respondent
- SIRI CHAND (DEAD) BY L.RS. & ORS., ETC.
- Author
- A.P. Misra. K. Venkataswami
- Bench
- A.P. Misra. K. Venkataswami
Judgment text excerpt
The Supreme Court held that the High Court's dismissal of Regular Second Appeals due to the abatement of one appellant's appeal was incorrect. The Court emphasized that the legal representatives of the deceased appellant should have been brought on record as per Order 22 Rule 4 of the Code of Civil Procedure. The Court ruled that the common issue of adoption among the appeals did not justify the abatement of all appeals, thereby allowing the appeals to proceed on merits.