Saraswati v. Malati
Case brief
What is this about?
The court dismissed an appeal for non-prosecution after the sole appellant died during pendency and failed to seek substitution or take steps to proceed consistently with lower court orders.
What did the court decide?
Appeal dismissed for non-prosecution; connected miscellaneous cases disposed of.
What the court decided
SA No. 45 of 1998
21. 23.09.2019 None appears for the appellant.
2. On 16.03.2018, the following order was passed:
“Learned counsel for the appellant submits that the sole appellant died during pendency of the appeal. He seeks time to file an application for substitution.
List this matter on 20.04.2018 under the heading “For Orders.”
- On 13.05.2019, this court passed the following order:
“Heard. Steps for substitution be taken peremptorily by end of June, 2019.”
- In spite of the above orders, the appellant has not taken any step to proceed with the matter. It appears that the appellant is not interested to prosecute the case.
In that view of the matter, the appeal stands dismissed for non-prosecution. All connected Misc. Cases/I.A. are also disposed of.
.…….......………………
( K.S. Jhaveri ) Chief Justice
Issues for consideration
1 issue framed by the court
Whether an appeal abated upon the death of the appellant without substitution bars its prosecution under Section 312 Civil Procedure Code, 1908.
Parties & counsel
- appellant
Anon
Coram
K.S. Jhaveri
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court