Madan Mohan Naik v. Rikhiram
Case brief
What is this about?
Abatement of appeal by death of sole respondent; non-substitution/failure to substitute legal heirs; second appeal dismissed and disposed of as wholly abated; Order No.8 dated 18.12.2017 recorded respondent's earlier death; High Court of Orissa at Cuttack; single judge Justice A.C. Behera; appellant Madan Mohan Naik (counsel B. Das Adv. for N.C Pati Adv.; counsel D Dhal Adv. for N.C. Panigrahi); hearing in hybrid virtual/physical mode; digitally signed 20-Feb-2024.
What did the court decide?
The sole respondent, Rikhiram Chandi, having expired much prior to 2017 with no substitution of his legal heirs, the Second Appeal stood abated against the sole respondent as per law. ¶17