VidhiSangh

Supreme Court of India · 27/04/2017

GURNAM SINGH (D) THR. LRS. versus GURBACHAN KAUR (D) BY LRS. & ORS.

[2017] 3 S.C.R. 901 · 2017 INSC 405

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Summary

A second-appeal decree passed after the sole appellant’s death, without substitution or revival of the abated appeal, was a nullity. The High Court lacked jurisdiction to decide an appeal that had automatically abated. The deceased respondents’ representatives could challenge that defect, including in collateral or execution proceedings.

Issues

  1. Whether the High Court could decide the abated appeal without substituting the deceased parties.

Provisions considered

Held

Result

Appeal allowed; High Court judgment and decree set aside.

Judgment PDF: Supreme Court of India, [2017] 3 S.C.R. 901.