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april 2009

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.

Katari Suryanarayana & Ors vs Koppisetti Subba Rao & Ors · Niyam