Supreme Court of India · 2009-04-08
KATARI SURYANARAYANA vs KOPPISETTI SUBBA RAO .
- Citation / case number
- SC 2007/14013
- Court
- Supreme Court of India
- Petitioner
- KATARI SURYANARAYANA
- Respondent
- KOPPISETTI SUBBA RAO .
- Author
- S.B. Sinha
Judgment text excerpt
The Supreme Court addressed the implications of abatement of an appeal under Order 22 Rule 9 of the Code of Civil Procedure, holding that the High Court correctly dismissed the appellant's application to condone a delay of 2381 and 2601 days in substituting the legal heirs of deceased respondents. The Court emphasized that the failure to file for substitution within the prescribed period led to the abatement of the appeal, affirming the High Court's decision. The Court also noted that the appellants' claim of ignorance regarding the respondents' deaths was insufficient to warrant condonation of delay.