The court dismissed the appeal for non-removal of defects, noting that the appeal had abated due to the death of the appellants. Interim orders were vacated.
All interim orders stand vacated.
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.
19 16.3.2023 Sc Ct. no.8
SA 913 OF 1979
--------------
Niranjan Krishna Dey
Vs.
Monorama Debi & Ors.
The report filed by the department dated 9th March, 2023 shows that administrative notices have been duly served upon the appellant no.3(2) and 3(3).
The postal envelops addressed to the appellant nos. 1, 2, 3(1 to 4) have been returned unserve with the endorsement ‘Deceased’ on the postal envelops. Insofar as the appellant no.3(4) is concerned, the department has received the unserve envelop with the postal endorsement ‘Addressee moved’ and as regards appellant no.5, it was returned with the endorsement ‘A.C.N.L.’.
There is nothing on record to show that steps have been taken for substitution of the deceased appellants.
In view of the death of the said appellants it can be presumed that the appeal has abated. Inspite of notices the appellant no.3(2) and 3(3) are not represented. Under such circumstances we dismiss the appeal for nonremoval of defects and in any event the appeal has now abated.
All interim orders stand vacated.
2
LCR, if arrived, shall be sent down to the trial
court.
(Soumen Sen, J.)
(Uday Kumar, J.)
2 issues framed by the court
Whether the appeal abated due to the death of the appellants without substitution.
Whether to dismiss the appeal for non-removal of defects and abatement.
Niranjan Krishna Dey
Monorama Debi
Soumen Sen
Uday Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
