Supreme Court of India
Mohd. Hussain (dead) by Lrs. and Ors. v. Gopibai and Ors.
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From the headnote
Abatement - Of second appeal - Death of one of respondent - No application for substitution of his heirs and c LRs made e,ven till signing of judgment - Plea of appellant ' that second appeal abated in its entirety on death of deceased respondent - Held: Not tenable as some of heirs and LRs of deceased respondent were already on record in the file of second appeal - T.herefore question of abatement of seco_nd · appeal on death of the respondent would not arise - The only requirement under the law was to take note of his death and delete his name from array of respondents in· second appeal "f
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