O.P.Chhikara v. Raj Kuamr Garg
Case brief
What is this about?
Abatement of first appeal on death of appellant — O.P.CHHIKARA v. RAJ KUAMR GARG, RFA 307/2009 & CM APPL. 17878/2009, High Court of Delhi, order dated 26.02.2026 by Justice Amit Sharma. Appeal under Section 96 CPC against judgment and decree dated 14.05.2009; decree of rs.15,37,364/- plus interest prayed for but never pursued. Appellant reported dead on 10.10.2023; legal heirs never impleaded; 90-day and 60-day limitation windows lapsed; respondent also reported deceased. Result: appeal stands abated and disposed of; pending applications disposed of accordingly. Keywords: abatement, Section 96 CPC, legal heirs, limitation, death of party.
What did the court decide?
No application has been filed for bringing on record the legal heirs of the deceased appellant, and the period of 90 days for doing so, as well as the subsequent 60-day period for setting aside the abatement, have expired.