Supreme Court Of India

R.Mutthu Lakshmi and Others V. Muthiah Achari and Anr

Petition(s) for Special Leave to Appeal (Civil) No.10758/1999. 05-10-2001

JUDGMENT

Leave granted.

The appellants before the High Court in second appeal who are now respondents in this appeal died during the pendency of the second appeal. They were not substituted by their legal representatives and, therefore, the second appeal had abated. However, the High Court proceeded to decide the matter on merits and the appeal was allowed.

The present appellants have filed this appeal against the judgment of the High Court. In view of the fact that there was no substitution before the High Court, the second appeal had abated. Under such circumstances, the judgment under challenge is set aside and the matter is sent back to the High Court. It will be open to the heirs of the appellants to move an application for substitution before the High Court along with an application for condonation of delay in filing application for substitution. In case such an application is moved, we request the High Court to decide the matter, if possible, within three months from the date of the receipt of the certified copy of this order, in accordance with law.

contd. The appeal is allowed. There shall be no order as to costs.

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