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.