Darsani v. Dharanidhar
Case brief
What is this about?
The court disposed of a 24-year-old appeal by abating it because the appellant had died during pendency and no steps were taken for substitution of legal heirs.
What did the court decide?
Abated the appeal.
What the court decided
A compact analysis
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SA No. 08 of 1995
- 25.09.2019 None appears for the appellant.
This appeal is of the year 1995 and in the meantime
about 24 years have passed.
On 10.05.2018, following order was passed by this
Court:
“Mr. B. Das, learned counsel for the appellants submits that appellant No.1 died during pendency of the appeal. He seeks time to take steps for substitution.
List this matter on 29.06.2018 under the heading “for orders”.
However, no steps for substitution has yet been taken.
Further, it appears from memo filed by the
respondents that in the meantime appellant No.2 has also died.
In view of the above, this appeal stands abated.
Issues for consideration
2 issues framed by the court
Whether an appeal stands abated upon the death of the appellant.
Whether time was granted for substitution after the appellant's death.
Parties & counsel
- appellant
None
Coram
K. S. Jhaveri
Case details
As recorded by the court registry
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