Ram Narayan and Another v. Mahmood Nagar Sahkari Awas Samiti Ltd.Throu Its Secy.
Case brief
What is this about?
Abatement of second appeal on death of sole respondent's authorized person without substitution; substitution application for deceased appellant no.1 rendered futile; appeal dismissed as abated; Allahabad High Court, Lucknow Bench; Second Appeal Defective No. 67 of 2014; decided 17.1.2024; Neutral Citation 2024:AHC-LKO:4513.
What did the court decide?
The appeal stands abated because the person authorized on behalf of the sole respondent has died and no substitution has been made; sending notice or allowing the substitution application moved on account of the death of appellant no.1 would serve no purpose, as the appeal had already abated. ¶¶7