Supreme Court of India
Maringmei Acham v. M Maringmet Khuripou
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From the headnote
Code of Civil Procedure, 1908 – Abatement of suit – Proper or not – High Court held that the civil miscellaneous appeal filed u/Or.XLIII, r.1 of CPC against an order refusing temporary injunction would no longer have to be proceeded with, as the suit was filed by the appellant’s late father and no steps were taken to implead his legal representatives – As a result, the suit filed by the appellant’s father had abated – Since, the suit from which the appeal arose abated, nothing further survived – Held: circumstance to be noticed is that appellant’s father died during the pendency of appeal…
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