State Of Kerala vs Sridevi And Ors.

The Supreme Court held that under Order 1 Rule 10 of the Code of Civil Procedure, the appeal against a deceased person was invalid, and the application to substitute the deceased with the proper respondents was timely filed within the three-year limit prescribed by Article 137 of the Limitation Act. The Court emphasized that the Government's knowledge of the respondent's death was not sufficient to bar the application for substitution, as it was not established that the Government had prior knowledge. The appeal was allowed, the impugned order was set aside, and the State was ordered to pay costs of Rs. 10,000 to the respondents.