Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Second appeal 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 | Abatement - Of second appeal - Death of one of respondent - No application for substitution of his heirs and LRs made even till signing of judgment - Plea of appellant that second appeal abated in its entirety on death of deceased respondent - Held: Not tenable as some of heirs and LRs of deceased respondent were already on record in the file of second appeal - Therefore question of abatement of second appeal on death of the respondent would not arise - The only requirement under the law was to take note of his death and delete his name from array of respondents in second appeal and add names of rest of heirs and LRs not on record.Party - Non-joinder of necessary party - Mortgagor entering into mortgage with mortgagee father and his two sons - Mortgagee-father died - Suit for redemption of mortgage against sons mortgagees - Decreed by trial court - Affirmed by first appellate court - High Court set aside the concurrent findings of courts below on the ground of non-joinder of two F married daughters of deceased mortgagee - Justification of - Held: Not justified as sons of deceased mortgagee who were also mortgagees were already representing interest of deceased mortgagee - There was no allegation that two daughters were not made parties collusively or fraudulently -There was concurrent findings by courts below that one daughter had died and the other daughter had no interest in suit premises as she was not residing with father at the time of his death - High Court erred in interfering with the findings in second appeal. |
Judge | Hon'ble Mr. Justice Tarun Chatterjee |
Neutral Citation | 2008 INSC 215 |
Petitioner | Mohd. Hussain (dead) By Lrs. And Ors. |
Respondent | Gopibai And Ors. |
SCR | [2008] 2 S.C.R. 1218 |
Judgement Date | 2008-02-19 |
Case Number | 912 |
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