Dismissed

Prahallad Das v. Bhima Behera

Orissa HC9 Oct 2017SA/18/1991

Case brief

AI extract

What is this about?

This single-paragraph order lifts the abatement previously recorded against the deceased sole plaintiff-respondent. Because the death occurred during the appeal and was followed by successive adjournments without substitution, the Court held the appeal abates as a whole.

What did the court decide?

Second appeal dismissed as a whole on account of abatement following death of sole plaintiff-respondent without substitution.

Prahallad Das Vs Bhima Behera — Civil Procedure and Limitation | Orissa HC (2017)

¶1

SA No.18 of 1991

¶2

9.10.2017 None appears for the appellant.
 This second appeal is by defendant no.1 against a reversing judgment.
 During pendency of the appeal, the sole plaintiff-respondent no.1 died on 29.7
.2005. No steps for substitution had been taken. Learned counsel for the appellant took succes
sive adjournments. On 7.12.2007 this Court passed an order that despite peremptory order dated
 11.8.2006, no step had been taken for substitution of the L.R of the deceased respondent no.1
. Therefore, the appeal has abated against the said respondent. Consequence of the said order
will be considered at the time of hearing.
 Mr. Debasis Chhotray on behalf of Mr. Bijan Ray, learned Senior Advocate for t
he respondent no.1, submits that the sole plaintiff died and no steps for substitution has bee
n taken. Thus the appeal abates as a whole.
 In view of the fact that the sole plaintiff died during pendency of the appeal
 and no steps for substitution has been taken, the appeal abates.

¶3

Prahallad Das v. Bhima Behera

Case brief

What is this about?

What did the court decide?

Prahallad Das v. Bhima Behera

Case brief

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What did the court decide?

What the court decided

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