Supreme Court of India · 2008-01-29
Hari Prasad Bhuyan vs Durga Prasad Bhuyan And Ors
- Citation / case number
- AIR 2008 SUPREME COURT 1202
- Court
- Supreme Court of India
- Petitioner
- Hari Prasad Bhuyan
- Respondent
- Durga Prasad Bhuyan And Ors
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, D.K. Jain
Judgment text excerpt
The Supreme Court addressed the dismissal of applications for condonation of delay and substitution of heirs in a Second Appeal under Section 152 of the Code of Civil Procedure, 1908. The Court held that the appeal had abated and the prior judgment was a nullity, thus rendering the application under Section 152 CPC non-maintainable. The Court emphasized the necessity of proper execution of decrees and clarified the implications of abatement in civil proceedings.