Dismissed
Mahesh Chandra Verma v. Om Prakash and Another
Allahabad HCSAPL/520/2008
Case brief
from the order text
What is this about?
Case :- SECOND APPEAL No. - 520 of 2008…
What the court decided
AI extract
Case :- SECOND APPEAL No. - 520 of 2008…
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Court No. - 9
Case :- SECOND APPEAL No. - 520 of 2008 Appellant :- Mahesh Chandra Verma Respondent :- Om Prakash & Another Counsel for Appellant :- S.C. Verma,Deepak Gaur
Hon'ble Anjani Kumar Mishra,J.
A substitution application has been filed on the death of plaintiff respondent no.2 stating therein that the heir is already on record, as respondent no.1.
This application is allowed.
Shri S.C. Verma, counsel for the appellant states that the plaintiff respondent no.1, Om Prakash is dead. Nobody has turned up to file any application for substituting his heirs.
In view of the statement so made, this second appeal is ordered to abate against the plaintiff respondent no.1, Om Prakash, who is also the heir of deceased respondent no.2.
As a consequence, the second appeal abates as a whole and is dismissed as such.
Order Date :- 8.3.2018 RKM
1 issue framed by the court
Whether the second appeal abates in its entirety upon the death of one of the respondents without substitution.
Mahesh Chandra Verma
Om Prakash
Anjani Kumar Mishra
As recorded by the court registry
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