1. After hearing counsel for the respondents we are not satisfied with the High Courts order directing that the appeal has abated and is, therefore, dismissed; that order cannot be sustained. This is not a case where on the death of the sole respondent his heirs are sought to be brought on record. During the lifetime of the sole respondent there was a transfer of the property (subject-matter of appeal) by way of a gift to his wife. In other words it is a case of devolution of interest and the case falls under Order 22, Rule 10 of C.P.C. and there will be no question of abatement. We therefore, direct that the transferee be brought on the record. The appeal is remitted to the High Court and the same be heard and disposed of in accordance with law.
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Ghafoor Ahmad Khan v. Bashir Ahmad Khan (dead) By L.rs
Ghafoor Ahmad Khan v. Bashir Ahmad Khan (dead) By L.rs
(Supreme Court Of India)
Civil Appeal No. 3497 Of 1982 | 08-11-1982
Advocate List
- Pramod Swarup, Salman Khurshid, L.R. Singh, Advocates.
Bench
- HON'BLE JUSTICE V. D. TULZAPURKAR
- HON'BLE JUSTICE BAHARUL ISLAM
Eq Citations
- AIR 1983 SC 123
- (1982) 3 SCC 486
- 1982 (14) UJ 829
- 1982 (2) SCALE 1372
- LQ/SC/1982/160
Head Note
Civil Procedure Code, 1908 — Or. 22 R. 10 — Abatement of appeal on death of sole respondent — Held, if there was a transfer of property during lifetime of sole respondent to his wife, it is a case of devolution of interest and case falls under Or. 22 R. 10 CPC and there will be no question of abatement — Transferee to be brought on record and appeal remitted to High Court for disposal in accordance with law — Practice and Procedure — Appeal — Abatement
