Dismissed¶22
Suryakanta Giri v. Himansu Kumar Giri
Orissa HCRSA/247/2013
Case brief
AI extract
What is this about?
Abatement of second appeal; non-substitution of legal heirs of deceased respondents; Respondent Nos.4, 8, 12, 15 and 18; suit for partition; indivisible appeal abates entirely if abated against one party; dismissal of appeal on account of abatement; Orissa High Court at Cuttack; RSA No.247 of 2013; Justice Ananda Chandra Behera.
What did the court decide?
Applying the settled principle that if an appeal relating to an indivisible subject abates against any one party, the entire suit/appeal shall abate. ¶20