Case Note & Summary
The Supreme Court of India, consisting of K. Ramaswamy and B.L. Hansaria, JJ., dealt with appeals filed by the State of Haryana against Trilok Chand and others. The appeals arose from a common and indivisible award, though the specific nature of the underlying litigation was not detailed in the order. On July 28, 1995, the Supreme Court passed a peremptory order granting the appellant six weeks to bring the legal representatives of respondent No.2 on record, indicating that respondent No.2 had died. No steps were taken within the stipulated time. As a result, the appeal against respondent No.2 stood dismissed automatically without further reference to the Court. The Court then applied the well-settled principle that when an award is common and indivisible, the abatement of the appeal against one respondent results in abatement of the entire appeal against all respondents. Consequently, the appeals were dismissed as abated, and no costs were awarded. The judgment is reported as JT 1995 (9) 345 and 1995 SCALE (7) 252.
Headnote
A) Civil Procedure - Abatement of Appeal - Non-Compliance with Peremptory Order - Code of Civil Procedure, 1908 - The Supreme Court had granted leave and directed the appellant to bring legal representatives of deceased respondent No.2 on record within six weeks from July 28, 1995. No steps were taken within the stipulated time. Consequently, the appeal against respondent No.2 stood dismissed. Since the award was common and indivisible, the entire appeal abated against all respondents. Held that appeals are dismissed with no order as to costs (Para 1).
Issue of Consideration
Whether the appeals stood abated due to non-compliance with the peremptory order to bring legal representatives on record, and whether dismissal against one respondent abates the appeal against all where the award is common and indivisible.
Final Decision
Leave granted. Appeals dismissed as abated against all respondents due to failure to bring legal representatives on record for respondent No.2 within the peremptory time. No costs awarded.
Law Points
- Non-compliance with peremptory order to bring legal representatives on record results in dismissal of appeal against that respondent
- Dismissal against one respondent abates entire appeal when award is common and indivisible
- Appeal abates as against all if legal representatives not brought on record within stipulated time
