Supreme Court of India
Sakharam Since Deceased through Lrs & Anr. v. Kishanrao
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the above, the dismissal of the Second Appeal by the High Court on the ground that the appeal stood abated, without going into the merits of the case is not in accordance with law.
Judgment, page 3
From the headnote
Code of Civil Procedure, 1908 – Or.XXII, rr.2 and 1 1 – Dismissal of Second Appeal by High Court on the ground that the appeal stood abated – Challenge to – Held: On facts, Hig h Court fell into an error in thinking that the Second Appeal abated upon the death of Respondent No.2 (second Plaintiff) – When two pla intiffs joined together and secured a decree of declaration and possessi on of an immovable property, the death of one of the dec ree holders will not make the second appeal abate – As against t he surviving successful plaintiff, the cause of action survived – Abate ment occurs only
Where later benches applied it
Of those, 1 referred to
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