The High Court of Chhattisgarh dismissed an appeal as abated because the sole appellant died during pending proceedings. The absence of an application to bring a legal representative on record defeated the condonation of delay application.
The appeal is dismissed as abated. All applications regarding abatement and delay were disposed of.
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.
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
F.A.(M) No.83 of 2011
Ishwari Prasad, S/o Sudhram Shrivas, aged about 63 years, Caste Nai, R/o Village Podidalha, Police Station and Tahsil Akaltara, District Janjgir Champa (CG). ---- Appellant Versus State of Chhattisgarh, through Collector, Janjgir Champa, District Janjgir Champa (CG). ----Respondent --------------------------------------------------------------------------------------------For Applicants : Mr. Dashrath Prajapati, Advocate For State : Mr. Praveen Shrivastava, Panel Lawyer ---------------------------------------------------------------------------------------------
Hon'ble Shri Justice Sharad Kumar Gupta
Order On Board
05/02/2020
Sd/- (Sharad Kumar Gupta) Judge
2 issues framed by the court
Whether the appeal can be saved when the appellant has died and no substitute was brought on record.
Whether condonation of delay under Section 5 of the Limitation Act is applicable when an application to substitute legal representative was not filed.
3 provisions across 2 enactments
Ishwari Prasad
State of Chhattisgarh
Sharad Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
