Search Results for "appeal abatement"

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Search Results for "appeal abatement"

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High Court

Gujarat High Court Examines Whether Appeal is Barred by Res Judicata and Abatement in Suit for Specific Performance; Court Notes that Plaintiffs Did Not Appeal Decree in Companion Suit and Failed to Bring All Legal Heirs On Record.

20 Mar 2026

The appeal arises from the judgment and decree dated 18.03.2000 passed by the trial court in Special Civil Suit No. 176 of 1991 and Regular Civil Suit...

High Court

High Court of Karnataka Quashes Order Setting Aside Abatement in Regular Appeal — Failure to File Application Within Limitation and Lack of Sufficient Cause for Delay Leads to Restoration of Abatement Order. The court held that the application to set aside abatement must be filed within the prescribed period of limitation under Order XXII Rule 4 CPC and Section 5 of the Limitation Act, 1963, and that the discretion to condone delay must be exercised judiciously.

25 Sep 2025

The petitioner, Smt. M. Girija, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 28.01.2021 passed by ...

High Court

Bombay High Court Dismisses Revision Against Rejection of Discharge in Disproportionate Assets Case — Accused Family Members Must Face Trial for Abetment Under Section 109 IPC. The court held that the explanation regarding source of funds was unsatisfactory and a prima facie case existed under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988.

6 Jun 2023

The case arises from a criminal revision application filed by Smt Chhaya Yuvaraj Dahiwal (accused No.1) and Mr Sourabh Yuvaraj Dahiwal (accused No.2) ...

High Court

Bombay High Court Dismisses Revision Against Condonation of Delay in Restoration of Suit — Limitation Period for Filing Restoration Application Not Governed by Article 137 of Limitation Act, 1963. The court upheld the trial court's order condoning a 10-year delay in filing restoration application, holding that Article 137 does not apply to restoration applications and the court has inherent power under Section 151 CPC.

14 Dec 2022

The present Civil Revision Application was filed by the applicants (original defendants) challenging the judgment and order dated 04.05.2022 passed by...

High Court

Bombay High Court Dismisses Appeal Against Grant of Liberty to Withdraw Suit Under Order 23 Rule 1(3) CPC — Appeal Not Maintainable Under Section 13 of Commercial Courts Act, 2015. The order granting leave to withdraw with liberty to file fresh suit is not a 'judgment' under Section 13 of the Commercial Courts Act, 2015, and hence no appeal lies.

11 Mar 2022

The Appellant, Resilient Innovations Private Limited, filed an appeal under Section 13 of the Commercial Courts Act, 2015, challenging an order of the...

Supreme Court

Supreme Court Dismisses Appeal in Adoption Dispute Due to Abatement — Conflict of Decrees Would Arise if Appeal Proceeded. Right to Sue Did Not Survive to Surviving Appellant Alone; Appeal Abated as a Whole Under Order XXII Rule 3 CPC.

7 May 2019

The Supreme Court dismissed an appeal arising from a suit challenging the validity of an adoption. The appellants, two brothers, had filed a suit seek...

Supreme Court

Supreme Court Dismisses Appeal as Abated Due to Non-Substitution of Legal Heirs of Deceased Appellant in Property Title Suit. Appeal Abates Entirely When Deceased Appellant's Interest is Inseparable from Co-Appellants, Rendering Inconsistent Decrees Impossible.

26 Apr 2019

The Supreme Court dismissed the civil appeals filed by the defendants/appellants against the judgment of the High Court of Andhra Pradesh which had co...

Supreme Court

Supreme Court Dismisses Appeal as Abated in Part Due to Non-Substitution of Legal Heirs — Inconsistent Decrees Would Result if Remaining Appellants Succeed. The Court held that where defendants claim as co-owners with joint rights, abatement qua one defendant leads to abatement of the entire appeal under Order 22 Rules 4 and 9 CPC.

26 Apr 2019

The Supreme Court of India heard two civil appeals arising from a judgment of the High Court of Andhra Pradesh which confirmed a trial court decree in...

High Court

Bombay High Court Allows Revision in Chit Fund Recovery Case: Sureties Cannot Be Proceeded Against When Suit Abates Against Principal Debtor. The court held that in a composite suit against borrower and sureties, abatement against the principal debtor due to his death extinguishes the liability of sureties under Section 37 of the Indian Contract Act, 1872.

13 Jun 2017

The case involves a civil revision application filed by Vinod s/o Chhaganlal Daga, who was original defendant no.3 and judgment debtor no.3 in executi...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit, Holds Partial Abatement Only. Death of some appellants during pendency of appeal does not abate entire appeal; decree not a nullity under Order 22 CPC.

17 Oct 2011

The case involves a second appeal arising from a suit for partition and separate possession. The original suit was filed by the plaintiffs (now respon...

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