The court dismissed the appeal as abated. The appellant failed to implead the legal heirs of the deceased first defendant within 90 days under Section 120 of the Limitation Act, resulting in abatement by operation of law. No costs were awarded.
Appeal dismissed as abated, without costs. Miscellaneous petitions closed.
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THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY
APPEAL SUIT No. 2226 of 1996
JUDGMENT:
Learned counsel for the appellant informed that the appellant died on 16.05.2014, and the first respondent also died long back.
2. The appellant did not take steps to implead the legal heirs of first defendant within 90 days as required under Section 120 of the Limitation Act, and it amounts to abatement by operation of law.
3. Therefore, the appeal is dismissed as abated, but in the circumstances, without costs.
Miscellaneous petitions, if any pending in this appeal suit, shall stand closed.
_________________________________ M. SATYANARAYANA MURTHY, J
05th December, 2014 ksm
1 issue framed by the court
Whether the appeal abated due to failure to implead legal heirs within the limitation period prescribed under Section 120 of the Limitation Act.
1 provisions across 1 enactments
The Appellant
The First Respondent
The First Defendant
M. SATYANARAYANA MURTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
