This second appeal was abated because the sole respondent died in 1992 and no application for substitution of heirs was filed despite the appeal pending since 1988.
The appeal was held abated and was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC-LKO:58880
Court No. - 19
Case :- SECOND APPEAL No. - 68 of 1988
Appellant :- Bechan And Others Respondent :- Shyam Lal Counsel for Appellant :- Awadhesh Kumar
Hon'ble Jaspreet Singh,J.
The instant appeal is of the year 1988.
Office report dated 16.12.2022 indicates that the sole respondent had died. Thereafter, the record indicates that the appeal has been listed since January, 2023 on the five occasion and the counsel for the appellants had taken short time to move an appropriate application to bring on record the heirs of the deceased- sole respondent.
The record further indicates that in the order dated 23.03.2023, it was observed as informed by the counsel for the appellant that the sole respondent had died in the year 1992. Since then, no application for substitution has been moved apart from the fact that the appeal has been pending since 1988.
In view of the aforesaid, since no substitution application has been moved upon the death of the sole respondent, accordingly, the appeal stands abated . Consigned to record.
Order Date :- 12.9.2023 Gurpreet Singh
Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the appeal stands abated due to the death of the sole respondent without a substitution application.
Bechan and Others
Shyam Lal
Jaspreet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
