Supreme Court of India · 2022-08-03
SAKHARAM SINCE DECEASED THROUGH L.RS. vs KISHANRAO
- Citation / case number
- SC 2021/15379
- Court
- Supreme Court of India
- Petitioner
- SAKHARAM SINCE DECEASED THROUGH L.RS.
- Respondent
- KISHANRAO
- Author
- V. RAMASUBRAMANIAN INDIRA BANERJEE
- Bench
- HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN HON'BLE MS. JUSTICE INDIRA BANERJEE
Judgment text excerpt
The Supreme Court addressed the issue of abatement in civil appeals following the death of a party. The court ruled that the Second Appeal did not abate despite the death of a proforma defendant, as the sons of the deceased were already parties to the appeal. The High Court's dismissal of the Second Appeal was overturned, allowing the case to proceed.