Supreme Court of India
Budh Ram & Ors. v. Bansi & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the above, the appeal lacks merit and is accordingly dismissed.
Judgment, page 13
From the headnote
Code of Civil Procedure, 1908 -Or. 22, r.4(3) and (4) - Death of one of the several respondents - During pendency of appeal - Abatement of appeal - Whether only qua the deceased respondent or in toto - Held: Where each parly has independent right, and the parlies have no conflicting interests inter se, appeal would abate only qua the deceased respondent - But where there is a possibility that the court may pass a decree contradictory to the decree in favour of the deceased party, the appeal will abate in toto - On facts, appeal was liable to abate in toto - Abatement. Respondent (plaintiffs)
Authorities it was built on
Where later benches applied it
Of those, 1 referred to
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