NDLI: Hemareddi (d) Through Lrs. Vs. Ramachandra Yallappa Hosmani and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Or.XXII 3 & 4 and Or.41 two decrees rr.2 failure to substitute legal representative CPC
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Civil Procedure, 1908 (5 of 1908)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Code of Civil Procedure, 1908 – Or.XXII, rr.2, 3 & 4 and Or.41 – Plaintiffs’ (appellant and his late brother) case that one ‘G’ died leaving behind two sons (‘SR’ and ‘B’) and a daughter – Plaintiffs were the children of ‘SR’ – Plaintiffs filed suit against the second defendant, wife of ‘B’ for declaration that she had no right in the suit property and that the document of adoption dtd. 27.04.91 adopting the first defendant was a false document – Trial Court dismissed the suit and upheld the adoption – Plaintiffs preferred first appeal before the High Court – During the pendency of the appeal, the second plaintiff/second appellant therein died – His LRs were not brought on record – High Court held that the appeal abated not only qua the second appellant/plaintiff but as a whole – Held: Or.XXII, r.3 is applicable also to appeals filed u/Or.41 – Or.XXII, r.3 therefore is applicable when either a suit or an appeal is filed by more than one plaintiffs/appellants and on the death of one of the plaintiffs/appellants, the right to sue does not survive to the remaining plaintiff/plaintiffs or appellant/appellants alone, then the LRs of the deceased party can come on record – On that not being done, the proceeding will abate as far as the deceased party is concerned – In the present case, there were legal representatives available for the appellant’s deceased brother– Admittedly, steps were not taken for their substitution– Appeal, therefore, abated qua the deceased brother and the decree of the trial Court became final qua him – Effect of the same is that the adoption is found legal – Result of the appellant being allowed to proceed further and succeed in the appeal would be the passing of a decree by the High Court to the effect that the adoption is invalid – It would be absolutely contrary to the decree which has also attained finality between his late brother and the defendants – Both the inconsistent decrees cannot stand together – There would be irreconcilable conflict – Defendants are common and would be faced with two decrees regarding the same subject matter – Appellant and his late brother sued as plaintiffs for declaration that the first defendant was not the adopted son and has no rights – Right set up by them was joint – They were members of the joint Hindu family consisting of late ‘G’, their father ‘SR’ and ‘B’ – This is not a case where their claims were distinct – Mere fact that the appellant was permitted to prosecute the appeal by an interlocutory order by the High Court would not be sufficient to tide over the legal obstacle posed by the inconsistent decree which emerges as a result of the failure to substitute legal representative of the late brother and the abating of the appeal filed by his late brother.
Judge	Hon'ble Mr. Justice K.M. Joseph
Neutral Citation	2019 INSC 633
Petitioner	Hemareddi (d) Through Lrs.
Respondent	Ramachandra Yallappa Hosmani And Ors.
SCR	[2019] 7 S.C.R. 262
Judgement Date	2019-05-07
Case Number	4103

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Hemareddi (d) Through Lrs. Vs. Ramachandra Yallappa Hosmani and Ors.

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Hemareddi (d) Through Lrs. Vs. Ramachandra Yallappa Hosmani and Ors.

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