Supreme Court of India
Ramdas Shivram Sattur v. Rameshchandra Popatlal Shah and Ors.
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From the headnote
Code of Civil Procedure, I 908: 0. 41 r. 19-Abatement of suit/appeal-Dismissal of appeal in respect of respondent No.3 and 6 for want of prosecution-Restoration application- Allowed by High Court in respect of respondent No. 6 and not in respect of respondent No. 3 -Held: Respondent Nos. 5 to 7 were legal heirs of respondent No. 3 and parties in suit/appeal-Hence, High Court was not justified in refusing application for restoration of respondent No.3-But she is dead and her LRs are already on record-Appeal shall not abate so far respondent No.3 is concerned as abatement occurs automatically…
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