Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Order XXII Rules 4 and 10-A- Abatement |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908: Order XXII, Rules 4 and 10-A- Abatement-Death of defendant-Notice given to one branch of plaintiff bank-Delay in making applications for impleading legal representatives and setting aside abatement-Whether notice to one branch of a bank notice to other branches. The defendant had an overdraft account with a particular branch of the plaintiff bank in the city. A suit was instituted against him by that branch in 1952 for recovery of certain sums with interest. He died on 6th November 1960. The widow informed another branch of the bank of the death of her husband on 20th December, 1960. The applications for impleading the legal representatives of the defendant and for setting aside abatement were made in 1968, about 8 years after the death of the defendant. The delay in making these applications was sought to be explained with the plea that the concerned branch of the bank had no knowledge of the death of the defendant till it was informed by the other branch. The High Court rejected the applications on the ground that no sufficient cause was shown for setting aside abatement. It held that an intimation of the death of the defendant to the bank in the other branch could not be treated as no intimation to the branch which was the plaintiff in the suit. |
Judge | Hon'ble Mr. Justice V. Khalid |
Neutral Citation | 1987 INSC 120 |
Petitioner | United Bank Of India |
Respondent | Smt. Kanan Bala Devi & Ors. |
SCR | [1987] 2 S.C.R. 1090 |
Judgement Date | 1987-04-21 |
Case Number | 1747 |
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