Supreme Court of India · 2009-04-08
Katari Suryanarayana & Ors vs Koppisetti Subba Rao & Ors
- Citation / case number
- AIR 2009 SUPREME COURT 2907
- Court
- Supreme Court of India
- Petitioner
- Katari Suryanarayana & Ors
- Respondent
- Koppisetti Subba Rao & Ors
- Author
- S.B. Sinha
- Bench
- Mukundakam Sharma, S.B. Sinha
Judgment text excerpt
The Supreme Court addressed the effect of abatement of an appeal under Order 22 Rule 9 of the Code of Civil Procedure, holding that the High Court erred in dismissing the appellant's application to condone a delay of 2381 and 2601 days in bringing on record the legal heirs of deceased respondents. The Court emphasized that the appellants were unaware of the respondents' deaths until informed by counsel, and noted the failure to comply with Order 22 Rule 10A regarding notification of death. The Court ultimately set aside the High Court's order, allowing the appeal to proceed.