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february 2001

Supreme Court of India · 2001-02-06

MAHENDRA KUMAR vs LALCHAND

Citation / case number
SC 2000/8253
Court
Supreme Court of India
Petitioner
MAHENDRA KUMAR
Respondent
LALCHAND
Author
S.N. PHUKAN. M.B. SHAH
Bench
S.N. PHUKAN. M.B. SHAH

Judgment text excerpt

The Supreme Court held that the abatement of the appellant's appeal was erroneous as it contradicted the High Court's earlier order in a related appeal. The Court emphasized that under Order XXII Rule 5 of the CPC, the determination of legal representatives must be consistent across related cases. The Court set aside the abatement order, allowing the appellant's appeal to proceed, thereby reinforcing the principle of legal representation in civil proceedings.

MAHENDRA KUMAR vs LALCHAND · Niyam