CHAYA AND ORS. versus BAPUSAHEB AND ORS.

CHAYA AND ORS. versus BAPUSAHEB AND ORS.

Since the right to sue survived against the whole property and the surviving defendants, abatement did not occur; the Appellate Court should exercise power under Order 41 Rule 33 CPC to decide the case for complete justice, thus the suit is dismissed for the entire property.

Parties
Appellants: Chaya and Ors.; Respondents: Bapusaheb and Ors.
Jurisdiction
India
Judgment Date
27 January 1993
Procedural Posture
Civil Appeal / Appeal From Karnataka High Court Judgment Dated 8.1.1981 in C.p. No. 3 of 1981
Outcome
Appeal allowed; plaintiff's suit dismissed in respect of the entire property.
Legal Topics
Abatement of Appeal, Customary Rights to Burial, Order 41 Rule 33 CPC, Hindu Succession Act
Civil Procedure Customary Rights Succession Abatement of Appeal Customary Rights to Burial Order 41 Rule 33 CPC Hindu Succession Act

Case Brief

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Parties

Chaya and Ors.

Appellants

Bapusaheb and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Karnataka High Court Judgment Dated 8.1.1981 in C.p. No. 3 of 1981

Legal Issues

  1. 1 Whether the appeal before the District Court had abated in view of the non-impleadment of heirs of deceased defendant 2
  2. 2 Whether the High Court could have passed a decree embracing the entire suit property (R.S. 975/1 and 975/2)

Ratio Decidendi

Since the right to sue survived against the whole property and the surviving defendants, abatement did not occur; the Appellate Court should exercise power under Order 41 Rule 33 CPC to decide the case for complete justice, thus the suit is dismissed for the entire property.

Court Disposition

Appeal allowed; plaintiff's suit dismissed in respect of the entire property.

Orders

  • The decision of the High Court is modified and plaintiff's suit is dismissed for the entire property.
  • No order as to costs.