Case Note & Summary
The case involved an appeal filed by the sole appellant, Satya Narain Singh, against Radhey Raman Singh and others. During the proceedings, the learned counsel for the appellant expressed disinterest in continuing with the appeal, leading to the issuance of a notice for the appellant to engage another advocate. Subsequently, a report from the Process Server indicated that the appellant had died in 1992. Given this information, the court determined that the appeal had abated due to the appellant's death and subsequently dismissed the appeal in its entirety. The court's decision was based on the legal principle that an appeal cannot proceed without the representation of the appellant, especially after their death.
Headnote
A) Civil Procedure - Abatement of Appeal - Dismissal of Appeal due to Death of Appellant - Code of Civil Procedure, 1908, Order 22 - The appeal abated following the report of the Process Server confirming the death of the sole appellant in 1992, and the court dismissed the appeal as a whole. Held that the absence of the appellant's representation necessitated the dismissal of the appeal (Paras Not mentioned).
Issue of Consideration
Whether the appeal should be dismissed due to the death of the sole appellant.
Final Decision
The appeal was dismissed as a whole due to the abatement following the death of the sole appellant in 1992.
Law Points
- Abatement of appeal
- legal representation
- dismissal of appeal
