Sakharam Since Deceased through Lrs & Anr. vs Kishanrao

Court

Supreme Court of India

Date

3 August 2022

Case No.

CIVIL APPEAL No. 5067/2022

Result

Allowed

Bench

Indira Banerjee, V. Ramasubramanian

Citation

[2022] 6 S.C.R. 901 : 2022 INSC 1312

Headnote

Code of Civil Procedure, 1908 – Or.XXII, rr.2 and 11 – Dismissal of Second Appeal by High Court on the ground that the appeal stood abated – Challenge to – Held: On facts, High Court fell into an error in thinking that the Second Appeal abated upon the death of Respondent No.2 (second Plaintiff) – When two plaintiffs joined together and secured a decree of declaration and possession of an immovable property, the death of one of the decree holders will not make the second appeal abate – As against the surviving successful plaintiff, the cause of action survived – Abatement occurs only when the cause of action does not survive upon or against the surviving party.

The following Order of the Court was passed: ORDER 1. Leave granted. 2. These appeals arise out of the judgment and decree of the High Court of Judicature at Bombay, Aurangabad Bench, dismissing a Second Appeal as having abated due to the death of one of the respondents and dismissing an application to set aside abatement. 3. Heard learned counsel for both sides. 4. Sans unnecessary details, the facts leading to the aforesaid appeals can be summarized as follows:(i) Two sons of one Tukaram Rodge filed a civil suit for declaration and possession against the two sons of one Gangaram Rodge i

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