Code of Civil Procedure, 1908 – Abatement of suit – Proper or not – High Court held that the civil miscellaneous appeal filed u/Or.XLIII, r.1 of CPC against an order refusing temporary injunction would no longer have to be proceeded with, as the suit was filed by the appellant’s late father and no steps were taken to implead his legal representatives – As a result, the suit filed by the appellant’s father had abated – Since, the suit from which the appeal arose abated, nothing further survived – Held: A circumstance to be noticed is that appellant’s father died during the pendency of appeal against the refusal to grant interim order – The appellant had filed application before the Appellate Court seeking to come on record as his legal representative – Application was allowed – In view of the fact, that the legal representative was brought on record in an appeal from an interlocutory order, such impleadment will enure towards the proceedings itself – The failure to get the appellant impleaded in the suit itself would not be fatal to the continued prosecution of the suit – The suit, therefore, must be proceeded with – Order of the High Court set aside.
Rangubai Kom Shankar Jagtap v. Sunderabai Bhratar Sakharam Jedhe & Others [AIR 1965 SC 1794] : [1965] SCR 211 – relied on.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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