In a Second Appeal where the sole appellant died and legal heirs failed to apply for substitution, the Allahabad High Court held the appeal abated and dismissed it, vacating any interim order.
The second appeal is dismissed as it has abated due to the death of the appellant without substitution.
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Neutral Citation No. - 2024:AHC-LKO:37670
Court No. - 5
Case :- SECOND APPEAL No. - 355 of 2014
Appellant :- Bachchu Lal Respondent :- Smt. Kamla Devi Counsel for Appellant :- Prabhakar Tiwari Counsel for Respondent :- Vijay Kr.Tiwari,Rakesh Kumar Srivastava
Hon'ble Rajnish Kumar,J.
Sri Ankit Mishra, Advocate holding brief of Sri Prabhakar Tiwari, learned counsel for the appellant submits that the sole appellant has died and his legal heirs are not in contact therefore he could not file the application for substitution.
In view of the above this appeal has abated and it is dismissed accordingly.
Interim order, if any, stands vacated.
The order has been passed in presence of Sri Virendra Kumar Tiwari, Advocate holding brief of Sri Rakesh Kumar Srivastava, learned counsel for the respondent.
Order Date :- 16.5.2024 Vipul
Digitally signed by :- VIPUL PRATAP GOGAL High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the second appeal abated due to the death of the appellant with no substitution filed.
Whether to dismiss the second appeal on account of abatement.
Bachchu Lal
Smt. Kamla Devi
Rajnish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
