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Supreme Court of India 2019-04-26 dismissed

Goli Vijayalakshmi & Ors vs Yendru Sathiraju (dead) by Lrs. & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Goli Vijayalakshmi and others filed civil appeals against a judgment that partially decreed a suit for recovery of possession and declaration of ownership over properties. During the appeal, one of the respondents (original plaintiff) died, and no legal representative was brought on record within the time required by law. The Supreme Court held that under Order 22 Rule 4(3) of the Civil Procedure Code, the failure to substitute a legal representative within the stipulated period results in automatic abatement of the appeals. The Court dismissed both appeals as abated, making the trial court's judgment final.

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Civil Procedure Abatement of Suits Death of Party Representation of Deceased Appeals

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