Niyam v2 is live — start for just ₹100 — 200 credits to try

february 1999

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.

BADNI (DEAD) BY L.RS. & ORS,,ETC. ETC, vs SIRI CHAND (DEAD) BY L.RS. & ORS., ETC. · Niyam