Second Appeal Does Not Abate On Death Of One Respondent When Right To Sue Survives Against Surviving Respondent: Supreme Court
2 years, 4 months ago

Second Appeal Does Not Abate On Death Of One Respondent When Right To Sue Survives Against Surviving Respondent: Supreme Court

Live Law  

The Supreme Court observed that a second appeal does not abate on death of one of the respondents when the right to sue survives against the surviving respondent.Abatement occurs only when the cause of action does not survive upon or against the surviving party, the bench comprising Justices Indira Banerjee and V. Ramasubramanian observed.The court was considering an appeal against the. The Supreme Court observed that a second appeal does not abate on death of one of the respondents when the right to sue survives against the surviving respondent. Therefore, if the word "defendant" appearing in Order XXII Rule 2 is replaced by the word "respondent", it will be clear that the second appeal did not abate and the right to sue survives against the surviving respondent.Order XXII Rule 2 of the Civil Procedure Code." Case details Sakharam vs Kishanrao | 2022 LiveLaw 722 | CA 5067-5068 OF 2022 | 3 August 2022 | Justices Indira Banerjee and V. Ramasubramanian Headnotes Code of Civil Procedure, 1908 ; Order XXII Rule 2, 11 - A second appeal does not abate on death of one of the respondents when the right to sue survives against the surviving respondent - Abatement occurs only when the cause of action does not survive upon or against the surviving party.

Death Supreme Court Appeal Court Order Right Second Sue Surviving Second Appeal Order Xxii Rule Indira Banerjee Justices Indira Banerjee Order Xxii Rule 2 Second Appeal Does Xxii Survives Order Xxii Sue Survives Surviving Respondent Respondent Supreme  xxii  court  word  right  survives  does  death  second  surviving  appeal  sue  order  respondent  supreme

History of this topic

Principle Of Res Judicata Bars Second Amendment Application Seeking Identical Reliefs: Jharkhand High Court
2 weeks, 4 days ago

Principle Of Res Judicata Bars Second Amendment Application Seeking Identical Reliefs: Jharkhand High Court

Live Law  

The Jharkhand High Court in a recent judgement has reiterated that an order passed at one stage of a proceeding bars the reconsideration of the same issue at a later stage. Deorjin Debi reported in AIR 1960 SC 941. held that an order at one stage of proceeding acts as res judicata at all later stages of same proceeding.” As …

No Need To File Two Second Appeals When Order Challenged In Cross Appeal Before First Appellate Authority Arises From Single Suit: Allahabad HC
3 months, 4 weeks ago

No Need To File Two Second Appeals When Order Challenged In Cross Appeal Before First Appellate Authority Arises From Single Suit: Allahabad HC

Live Law  

The Allahabad High Court has held that when different appeals are filed from a decree passed in a single suit, the decree of the suit determines the rights of the parties. Justice Kshitij Shailendra held that “if a single suit gives rise to different first appeals, without there being any counter-claim or another consolidated suit, the decree drawn in the …

In Absence Of Appellant Or His Lawyer , Appeal Should Be Dismissed In Default Not An Order On Merit : Allahabad High Court
5 months, 2 weeks ago

In Absence Of Appellant Or His Lawyer , Appeal Should Be Dismissed In Default Not An Order On Merit : Allahabad High Court

Live Law  

The Allahabad High Court has held that the term “ex-parte” in Rule 63 of the Uttar Pradesh Value Added Tax Rules, 2008 can be interpreted as for want of representation of the defendant after service of notice, the case may be decided on merits. Rule 63 of the Uttar Pradesh Value Added Tax Rules, 2008 provides that appeal must be …

Special Appeal Not Maintainable Against Order Of Hearing Decided By Single Judge: Allahabad High Court
7 months, 4 weeks ago

Special Appeal Not Maintainable Against Order Of Hearing Decided By Single Judge: Allahabad High Court

Live Law  

The Allahabad High Court has held that a special appeal is not maintainable against the order of hearing established by a single judge in an interim order. “The Submission made pertaining to the preferential claim of the appellant, does not affect the order passed by the learned Single Judge indicating the sequence in which the matters are to be heard …

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict
8 months, 3 weeks ago

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict

Live Law  

The Supreme Court has voiced its criticism in a matter where the Gujarat High Court reserved a judgment for ten months and ultimately released it because it was not pronounced within a reasonable time. "We hope earnestly that this does not reflect the trend in High Courts in other parts of the country as well", the Supreme Court observed in …

[Order XLI Rule 17 CPC] Appeal Cannot Be Dismissed On Merits Merely Due To Non-Appearance Of Appellant: Karnataka High Court
10 months ago

[Order XLI Rule 17 CPC] Appeal Cannot Be Dismissed On Merits Merely Due To Non-Appearance Of Appellant: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that if the appellant does not appear when the appeal is called for hearing it can only be dismissed for non-prosecution and not on merits. A single judge bench of Justice G Basavaraja allowed the appeal filed by Dhanayya and his legal heirs questioning the judgment and decree dated 04.03.2017 passed by the Senior …

[S.100 CrPC] Can't Be Permitted To Contradict Initial Position To Create 'Substantial Question Of Law': Andhra Pradesh HC Dismisses Second Appeal
11 months ago

[S.100 CrPC] Can't Be Permitted To Contradict Initial Position To Create 'Substantial Question Of Law': Andhra Pradesh HC Dismisses Second Appeal

Live Law  

The Andhra Pradesh High Court has dismissed a second appeal filed holding that the parties cannot blow 'hot and cold' and cannot be permitted to 'approbate or reprobate' at the same time. The order was passed by Justice B.V.L.N Chakravarthi in a second appeal filed by the defendants in a suit for partition by taking a contradictory stand to their …

Order 2 Rule 2 CPC | No Bar On Subsequent Suit If Cause Of Action In Both Suits Not Same: J&K High Court
1 year, 2 months ago

Order 2 Rule 2 CPC | No Bar On Subsequent Suit If Cause Of Action In Both Suits Not Same: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently observed that a subsequent suit is barred only if the first suit and the second suit are based on the same cause of action under Order 2 Rule 2 of the CPC. "The bar to the maintainability the subsequent suit under Order 2 Rule CPC will be attracted only when …

Substantial Questions Of Law Not Required To Be Formulated In Second Appeals Arising Out Of States Of Punjab & Haryana : Supreme Court
1 year, 5 months ago

Substantial Questions Of Law Not Required To Be Formulated In Second Appeals Arising Out Of States Of Punjab & Haryana : Supreme Court

Live Law  

The Supreme Court observed, that in second appeals arising out of the state of Punjab or the State of Haryana, courts are not required to frame substantial questions of law as per section 100 of the Code of Civil Procedure.The bench of Justices Abhay S. Oka and Sanjay Karol observed that the restraint in interfering with questions of fact under …

Ex-Parte Decree | Remedies Under Order 9 Rule 13 & Section 96 CPC Are Concurrent, Can Be Resorted To Simultaneously: Jammu & Kashmir High Court
1 year, 7 months ago

Ex-Parte Decree | Remedies Under Order 9 Rule 13 & Section 96 CPC Are Concurrent, Can Be Resorted To Simultaneously: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated that remedies under Order 9 Rule 13 CPC and Section 96 of the CPC, which allow for setting aside an ex parte judgment and filing an appeal, respectively, are concurrent and can be resorted to simultaneously. Elaborating on the subject the bench observed, ".The said two remedies are provided by …

Supreme Court Sets Aside Bombay HC Order Acquitting GN Saibaba, Remands Appeals to HC for Consideration by Another Bench
1 year, 8 months ago

Supreme Court Sets Aside Bombay HC Order Acquitting GN Saibaba, Remands Appeals to HC for Consideration by Another Bench

Live Law  

The Supreme Court of India on Wednesday set aside an order of the Bombay High Court acquitting former Delhi University professor and activist GN Saibaba as well as others over their alleged Maoist links and remanded the matter back to the high court to be considered afresh by a different bench. The matters are remitted back to the high court …

Supreme Court Yearly Digest 2022- Judiciary
1 year, 11 months ago

Supreme Court Yearly Digest 2022- Judiciary

Live Law  

Judges Appointment Judges Appointment - Collegium reiterations are binding - Supreme Court asks Centre to explain by reiterated names are sent back to the collegium- 10 names reiterated by the Supreme Court collegium sent back by the Central Government- SC asks Attorney General as to how under the Scheme of law prevalent, are reiterated names sent back - Refers to …

Res Judicata Is Attracted Not Only In Separate Subsequent Proceedings But Also At Subsequent Stage Of The Same Proceedings : Supreme Court
2 years, 2 months ago

Res Judicata Is Attracted Not Only In Separate Subsequent Proceedings But Also At Subsequent Stage Of The Same Proceedings : Supreme Court

Live Law  

The Supreme Court observed that the doctrine of res judicata is attracted not only in separate subsequent proceedings but also at subsequent stage of the same proceedings.A binding decision cannot be ignored even on the principle of per incuriam because that principle applies to the precedents and not to the doctrine of res judicata, the bench of Justices Dinesh Maheshwari …

Jurisdiction Of Second Appellate Authority Confined To Issue Of Limitation Where First Appeal Is Dismissed Citing Delay: MP High Court
2 years, 4 months ago

Jurisdiction Of Second Appellate Authority Confined To Issue Of Limitation Where First Appeal Is Dismissed Citing Delay: MP High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that if the first appeal is dismissed by the first appellate authority solely upon rejection of the application for condonation of delay in filing the same, the jurisdiction of the second appellate authority would be confined to determining if the delay in filing the appeal before the first appellate authority should …

Order XXII Rule 4 CPC - Appeal As A Whole Does Not Abate Merely Because LRs Of Some Deceased Respondents Were Not Brought On Record: Supreme Court
2 years, 5 months ago

Order XXII Rule 4 CPC - Appeal As A Whole Does Not Abate Merely Because LRs Of Some Deceased Respondents Were Not Brought On Record: Supreme Court

Live Law  

The Supreme Court observed that an appeal as a whole cannot be treated as abated merely for failure to substitute the legal representative of some of the respondents who died during pendency of the appeal.While considering whether the suit/appeal has abated due to non ­bringing the legal representatives of plaintiffs/defendants or not, the Court has to examine if the right. …

Supreme Court Quarterly Digest 2022 - CIVIL LAW- [Jan to Mar]
2 years, 7 months ago

Supreme Court Quarterly Digest 2022 - CIVIL LAW- [Jan to Mar]

Live Law  

Code of Civil Procedure, 1908 - Appeal against High Court judgment which upheld the procedure adopted by the Execution Court that did not invite objections under Order XXI Rule 34 from Judgment debtor to draft sale deed produced by Decree holder - Allowed - Clearly contravenes the salutary provisions of Order XXI Rule 34 - The objections of the appellant …

No Appeal Lies U/S 96 & 100 CPC Against A Mere Finding/Observation When The Decree Has Not Gone Against Appellant: Orissa High Court
2 years, 11 months ago

No Appeal Lies U/S 96 & 100 CPC Against A Mere Finding/Observation When The Decree Has Not Gone Against Appellant: Orissa High Court

Live Law  

The Orissa High Court has held that a party cannot file an appeal against a mere finding / observation of the Trial Court, when the decree has not in any way gone against such a party. 2 filed an appeal under Section 96, before the lower Appellate Court against an observation made in the judgment. Whether the Lower Appellate Court …

[O. 41 R. 17(1) CPC] If Counsel Refuses To Argue Or Not Able To Address Court, Appeal Can't Be Dismissed On Merits: Allahabad HC
3 years ago

[O. 41 R. 17(1) CPC] If Counsel Refuses To Argue Or Not Able To Address Court, Appeal Can't Be Dismissed On Merits: Allahabad HC

Live Law  

The Allahabad High Court recently ruled that when an appeal has to be dismissed by the appellate Court on account of the fact that the counsel for the appellant though physically present in the Court, refuses to argue the same for any reason, the dismissal can't be on merits in view of the Explanation to Order XLI Rule 17 CPC.It …

'No Explanation' : Supreme Court Sets Aside HC Order Condoning Delay Of 1011 Days In Filing Second Appeal
3 years ago

'No Explanation' : Supreme Court Sets Aside HC Order Condoning Delay Of 1011 Days In Filing Second Appeal

Live Law  

While observing that the High Court has not exercised its discretion judiciously, the Supreme Court of India has set aside a High Court's order condoning a huge delay of 1011 days in preferring a second appeal in a case where no sufficient or satisfactory explanation has been given.A Bench comprising Justice MR Shah and Justice BV Nagarathna issued the direction …

Criminal Appeal Cannot Be Dismissed As Infructuous Merely Because Appellant Served Out Sentence: Supreme Court
3 years, 1 month ago

Criminal Appeal Cannot Be Dismissed As Infructuous Merely Because Appellant Served Out Sentence: Supreme Court

Live Law  

The Supreme Court observed that an appeal against conviction cannot be treated as infructuous merely for the reason that the convicted appellant had served out the sentence awarded by the Trial Court.Merely for execution of the sentence, an appeal against conviction cannot be treated as infructuous, the bench comprising Justices Dinesh Maheshwari and Vikram Nath said.In this case, a. The …

Stay Of Second Suit- Court Can Suo Motu Excercise Power U/S 10 CPC, Filing Of Application Isn't Required: MP High Court
3 years, 1 month ago

Stay Of Second Suit- Court Can Suo Motu Excercise Power U/S 10 CPC, Filing Of Application Isn't Required: MP High Court

Live Law  

The Madhya Pradesh High Court on Friday ruled that for the purpose of the exercise of the power under Section 10 of the Code of Civil Procedure, an application is not required to be filed before the Court and the Court can, on its own, stay the second suit.The Bench of Justice Rajendra Kumar further observed that a court has …

Direct Appeal HC Single Bench Orders Maintainable In Appropriate Cases : Supreme Court
3 years, 3 months ago

Direct Appeal HC Single Bench Orders Maintainable In Appropriate Cases : Supreme Court

Live Law  

The Supreme Court has reiterated that existence of alternate remedies is not an absolute bar against the exercise of discretion under Article 136 of the Constitution of India. Observing that the discretion under Article 136 is "flexible and sufficiently wide to correct glaring errors and injustices", the Supreme Court recently entertained a petition filed challenging a single bench order of. …

'Not Necessary To Hear Respondents While Admitting Second Appeal Under CPC': Bombay High Court
3 years, 4 months ago

'Not Necessary To Hear Respondents While Admitting Second Appeal Under CPC': Bombay High Court

Live Law  

The Aurangabad Bench of the Bombay High Court has held that it is not necessary to hear the respondents at the time of admission of the second appeal filed under Section 100 of the Civil Procedure Code.Justice Vibha Kankanwadi observed that first, the Court has to see if the appeal raises substantial questions of law. The Aurangabad Bench of the …

Criminal Appeal Cannot Be Dismissed Merely For Non-Representation Or Default Of Accused' Advocate, Reiterates Supreme Court
3 years, 4 months ago

Criminal Appeal Cannot Be Dismissed Merely For Non-Representation Or Default Of Accused' Advocate, Reiterates Supreme Court

Live Law  

The Supreme Court observed that a court cannot dismiss the appeal filed by an accused merely because of non-representation or default of the advocate for the accused.if the accused does not appear through counsel appointed by him/her, the Court is obliged to proceed with the hearing of the case only after appointing an amicus curiae, the bench of Justices AM …

Second Appeal, After Its Admission With Formulation Of Substantial Question Of Law, Cannot Be Disposed Of Summarily: Supreme Court
3 years, 5 months ago

Second Appeal, After Its Admission With Formulation Of Substantial Question Of Law, Cannot Be Disposed Of Summarily: Supreme Court

Live Law  

A second appeal, after its admission with formulation of substantial question of law, cannot be disposed of summarily, the Supreme Court observed in an order passed last week.The bench of Justices Vineet Saran and Dinesh Maheshwari observed that once a second appeal is admitted, on the High Court being satisfied that a substantial question of law is involved in the …

High Court Must Give Brief Reasons In Order Disposing Application Seeking Leave To Appeal Against Acquittal: Supreme Court
3 years, 5 months ago

High Court Must Give Brief Reasons In Order Disposing Application Seeking Leave To Appeal Against Acquittal: Supreme Court

Live Law  

The Supreme Court reiterated that brief reasons must be given in an order disposing an application for leave to appeal under Section 378 ofthe Code of Criminal Procedure 1973 against an order of acquittal.Merely observing that the order of the trial Judge has taken a possible view without an application of mind to the evidence and the findings is not …

Ex-Parte Decree Against Minor Not Represented By A Duly Appointed Guardian A Nullity : Supreme Court
3 years, 5 months ago

Ex-Parte Decree Against Minor Not Represented By A Duly Appointed Guardian A Nullity : Supreme Court

Live Law  

The Supreme Court has upheld a judgment of the Madras High Court which held that an ex-parte decree passed against a minor not represented by a guardian who is duly appointed is a nullity.A bench comprising Justices Indira Banerjee and V Ramasubramanian was considering an appeal filed against the High Court judgment, which had set aside the ex-parte decree passed …

Writ Jurisdiction Cannot Be Utilised By A Litigant Only To Take Chance: Supreme Court
3 years, 11 months ago

Writ Jurisdiction Cannot Be Utilised By A Litigant Only To Take Chance: Supreme Court

Live Law  

"In our view, the extraordinary writ jurisdiction cannot be utilised by a litigant only to take chance and then to seek recourse to the other remedy after failing in its attempt on the basic merits of the case before the High Court", the Supreme Court remarked in a judgment delivered on Wednesday.The bench comprising Justices AM Khanwilkar and Dinesh Maheshwari …

Accused's Right Of Being Represented Through A Lawyer Is Referable To Fundamental Right To Life: Supreme Court
4 years ago

Accused's Right Of Being Represented Through A Lawyer Is Referable To Fundamental Right To Life: Supreme Court

Live Law  

The Supreme Court has observed that the right of being represented through a counsel is part of due process clause and is referable to the right guaranteed under Article 21 of the Constitution of India.Subedar and Buddhu were convicted in a murder case by the Trial Court. The Supreme Court has observed that the right of being represented through a …

Judgment Which Attains Finality Can't Be Challenged In Article 32 Petition: Supreme Court Rejects 1993 Bombay Blasts Convict's Plea Of Juvenility
4 years, 1 month ago

Judgment Which Attains Finality Can't Be Challenged In Article 32 Petition: Supreme Court Rejects 1993 Bombay Blasts Convict's Plea Of Juvenility

Live Law  

The Supreme Court has dismissed a petition filed by 1993 Mumbai blasts convict Muhammad Moin Faridulla challenging its March 21, 2013 decision upholding the sentence of rigorous imprisonment for life. Senior Advocate S. Nagamuthu, appearing for the petitioner, drew the attention of the bench to the 2004 apex court decision in Madan Singh v. State of Bihar, where two persons, …

Supreme Court Weekly Round Up
4 years, 1 month ago

Supreme Court Weekly Round Up

Live Law  

Siddique Kappan Was Using 'Garb Of Journalism' To Disturb Law & Order In Hathras: UP Govt Tells SC The State of Uttar Pradesh has submitted before Supreme Court that Journalist Siddique Kappan has no locus to approach the Top Court under an Article 32 petition, since he is not in an illegal custody/confinement but is in. Siddique Kappan Was Using …

Court Hearing First Appeal In Criminal Matter Required To Form Its Own Opinion, Reiterates SC [Read Order]
4 years, 2 months ago

Court Hearing First Appeal In Criminal Matter Required To Form Its Own Opinion, Reiterates SC [Read Order]

Live Law  

The Court hearing First Appeal in criminal matters required to form its opinion on the basis of the evidence on record and the opinion of the Trial Court, the Supreme Court has reiterated.While considering a Special Leave Petition against a Rajasthan High Court order which had dismissed an appeal against conviction recorded by the Trial Court. The Court hearing First …

Section 394 CrPC: Appeal Against Composite Sentence Of Imprisonment & Fine Does Not Abate On The Death Of The Accused: SC [Read Judgment]
4 years, 11 months ago

Section 394 CrPC: Appeal Against Composite Sentence Of Imprisonment & Fine Does Not Abate On The Death Of The Accused: SC [Read Judgment]

Live Law  

The Supreme Court has observed that, if the accused-appellant dies during the pendency of a criminal appeal against a composite sentence of imprisonment as well as fine, the appeal does not abate. During the pendency of the appeal, the High Court noticed the factum of death of the appellant, however, proceeded to decide the appeal on merits referring to the …

Second Appeal Cannot Be Dismissed On Merits When Appellant Is Unrepresented On The Day Fixed For Hearing: SC [Read Judgment]
5 years ago

Second Appeal Cannot Be Dismissed On Merits When Appellant Is Unrepresented On The Day Fixed For Hearing: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a High Court cannot dismiss a second appeal on merits where the appellant is unrepresented on the date fixed for hearing. If the appellant does not appear, the Court may if it deems fit dismiss the appeal for default of appearance but it does not have the power to dismiss the appeal on merits, …

Appeal Cannot Be Disposed Of Without Trial Court Record: SC [Read Order]
5 years, 2 months ago

Appeal Cannot Be Disposed Of Without Trial Court Record: SC [Read Order]

Live Law  

The Supreme Court recently set aside a judgment of Delhi High Court which disposed of a criminal appeal without the record of the trial court before it.The bench comprising Justice NV Ramana, Justice Sanjiv Khanna and Justice Krishna Murari was considering an appeal against a Delhi High Court order which upheld the conviction and sentence imposed on a man under …

Second Appeal Not To Be Dismissed Merely On The Ground Of 'Concurrent Findings': SC [Read Judgment]
5 years, 4 months ago

Second Appeal Not To Be Dismissed Merely On The Ground Of 'Concurrent Findings': SC [Read Judgment]

Live Law  

The Supreme Court has observed that a High Court cannot dismiss a second appeal merely on the ground that that there is a concurrent finding of two Courts, and thus such finding becomes unassailable.In this case, the High Court dismissed a second appeal filed by the state on the ground that that since two. The Supreme Court has observed that …

HC Cannot Reverse Acquittal Without Affording Opportunity Of Hearing To Accused Or By Appointing An Amicus Curiae: SC [Read Judgment]
5 years, 6 months ago

HC Cannot Reverse Acquittal Without Affording Opportunity Of Hearing To Accused Or By Appointing An Amicus Curiae: SC [Read Judgment]

Live Law  

The Supreme Court has observed, the High Court, in a criminal appeal, cannot reverse the acquittal without affording any opportunity of hearing to the accused or by appointing an amicus curiae to argue the matter on his behalf if he does not enter appearance.The bench comprising Justice R. Banumathi and Justice AS Bopanna found favour with the contention that, in …

SC Commutes Death Penalty In Two Rape-Cum-Murder Cases [Read Judgment]
6 years, 1 month ago

SC Commutes Death Penalty In Two Rape-Cum-Murder Cases [Read Judgment]

Live Law  

The Supreme Court bench headed by Justice AK Sikri has commuted death sentence imposed on accused in two different cases, by recalling its earlier orders by which it had dismissed the SLPs filed by them in limine.Babasaheb Maruti Kamble was convicted for rape and murder of a 7-year-old girl in Maharashtra, while Jitendra was convicted in a rape-cum-murder case by …

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