Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 s. 100 and Order 22 Second appeal allowed without framing substantial question of law - Appeal to Supreme Court dismissed as abated in its entirety on the death of few appellants - Restoration thereof stating that the question whether entire appeal ab< ted to be decided at final hearing - Held : Since mendatory requirement of framing of substantial question cf law not complied with, matter remitted to High Court to consider the matter after formulating substantial question of Law - High Court also requested to decide the question 1 regarding abatement. Trial Court dismissed the suit for permanent injunction. First appellate court set aside the order of trial court. In second appeal, High Court reversed the finding of the appellate Court. The appeal before this court, initially was dismissed for non-prosecution. Thereafter the same was restored. Again the appeal was dismissed holding that 1 he same abated in its entirety on account of death of appellant Nos. 6, 10, 13 and 14. But the order of abatement Nas later set aside stating that the question whether the entire appeal stood abated on the ground of death of the above-said appellants, to be decided at the time of hearing on merits. |
Judge | Hon'ble Mr. Justice Tarun Chatterjee |
Neutral Citation | 2009 INSC 575 |
Petitioner | Tara Chand & Ors. |
Respondent | Municipality Gharaunda |
SCR | [2009] 6 S.C.R. 794 |
Judgement Date | 2009-04-21 |
Case Number | 1009 |
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