Supreme Court of India
Bishen Prasad Tiwari v. Sheela Devi
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What the Court ordered
On the reasoning supplied by us we uphold the directions, leading to restoration of appeal, impleadment of the LRs of the deceased first appellant and consideration of the appeal on merits, on terms of payment of Rs.25,000/- as cost. 18. The appeal stands disposed of on the above terms.
Judgment, 17-18
In brief
A suit was decreed against the first defendant by the Civil Judge, Port Blair on 29.09.2014, and his first appeal was dismissed by the District Court on 10.09.2015, though he had died on 08.04.2015 before arguments even commenced. His daughters, who were estranged from him and claimed no knowledge of the suit or appeal until a Tehsildar's notice dated 15.10.2015, filed a second appeal in 2015 which was disposed of on 13.06.2016 directing them to move the Appellate Court under Order XXII Rule 9 CPC.…
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