Supreme Court of India · 2008-01-29
HARI PARSAD BHUYAN vs DURGA PRASAD BHUYAN .
- Citation / case number
- SC 2006/5833
- Court
- Supreme Court of India
- Petitioner
- HARI PARSAD BHUYAN
- Respondent
- DURGA PRASAD BHUYAN .
- Author
- ARIJIT PASAYAT
- Bench
- D.K. JAIN DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court addressed the dismissal of applications for condonation of delay and substitution of heirs in Second Appeal No. 80/1986, emphasizing that the appeal had abated and the prior judgment was a nullity under Section 152 of the Code of Civil Procedure, 1908. The Court held that the execution of the decree was valid only for certain properties and clarified the requirements for maintaining an appeal post-abatement. The Court ultimately upheld the High Court's decision regarding the execution of the decree, reinforcing procedural compliance in civil matters.