Supreme Court of India · 2011-02-24
LANKA VENKATESWARLU (D) BY LRS. vs STATE OF A.P. .
- Citation / case number
- SC 2003/22988
- Court
- Supreme Court of India
- Petitioner
- LANKA VENKATESWARLU (D) BY LRS.
- Respondent
- STATE OF A.P. .
- Author
- SURINDER SINGH NIJJAR
- Bench
- B. SUDERSHAN REDDY, , , ,
Judgment text excerpt
The Supreme Court upheld the High Court's decision allowing various petitions under the Civil Procedure Code (CPC), specifically Order 22 Rule 4 and Order 9 Rule 9, which sought to bring legal representatives of a deceased respondent into an ongoing appeal and to set aside an abatement due to death. The Court emphasized the importance of ensuring that legal proceedings continue despite the death of a party, thereby reinforcing the principle of access to justice. The outcome reinstated the appeal and permitted the impleadment of new parties, ensuring the original plaintiff's claims were not extinguished due to procedural lapses.