SH. BAKSHISH SINGH (DEAD) BY LRS. versus ARJAN SINGH AND ORS.

SH. BAKSHISH SINGH (DEAD) BY LRS. versus ARJAN SINGH AND ORS.

Since two respondent-partners died during pendency of the second appeal and their legal representatives were not brought on record, the appeal abated as against all respondents; the High Court did not commit any error of law in dismissing the appeal.

Parties
Appellant: Sh. Bakshish Singh (Dead) by LRS.; Respondents: Arjan Singh and Ors.
Jurisdiction
India
Judgment Date
12 March 1996
Procedural Posture
Civil Appeal / Disposed by Supreme Court
Outcome
Appeal dismissed as abated against all respondents
Legal Topics
Abatement of Appeals, Partnership Dissolution, Rendition of Accounts
Civil Procedure Abatement of Appeals Partnership Dissolution Rendition of Accounts

Case Brief

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Parties

Sh. Bakshish Singh (Dead) by LRS.

Appellant

Arjan Singh and Ors.

Respondents

Procedural Posture

Civil Appeal / Disposed by Supreme Court

Legal Issues

  1. 1 Whether the appeal abates against all respondents when some partners died during pendency and their legal representatives were not brought on record
  2. 2 Whether courts can deliver inconsistent decrees against deceased respondents and contesting surviving respondents in an indivisible decree

Ratio Decidendi

Since two respondent-partners died during pendency of the second appeal and their legal representatives were not brought on record, the appeal abated as against all respondents; the High Court did not commit any error of law in dismissing the appeal.

Court Disposition

Appeal dismissed as abated against all respondents

Orders

  • The appeal is accordingly dismissed. No costs.