Case Note & Summary
The case involved appeals filed by Tara Chand and others against the Municipality Gharaunda. The Supreme Court addressed the issue of whether the appeals could continue following the death of several appellants. The court noted that the appeals had abated in their entirety due to the death of appellants Nos. 6, 10, 13, and 14, as indicated in a prior order dated April 29, 2008. Consequently, the court dismissed the appeals as abated, stating that no costs would be awarded. The decision underscored the principle that the death of a party can lead to the abatement of an appeal, thereby halting the proceedings.
Headnote
A) Civil Procedure - Abatement of Appeals - Appeals dismissed due to abatement - Code of Civil Procedure, 1908, Section Not mentioned - The court found that the appeals abated entirely following the death of certain appellants, leading to their dismissal without costs. Held that the appeals could not proceed due to the abatement caused by the death of the parties involved (Paras Not mentioned).
Issue of Consideration
Whether the appeals abated due to the death of certain appellants.
Final Decision
The Supreme Court dismissed the appeals as abated due to the death of certain appellants, with no order as to costs.
Law Points
- Abatement of appeals
- Death of parties
- Dismissal of appeals
