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Gurnam Singh Thr. LR’s. & Ors. vs. Gurbachan Kaur Thr. LR’s. & Ors. – (SC)

36.00 3.60

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Code of Civil Procedure, 1908–Order 22, Rules 3 & 4 & Sec. 100–Death of appellant-plaintiff and two defendants during the pendency of appeal–No step was taken by any of LRs. of deceaseds–Appeal abated automatically on expiry of 90 days–High Court ceased the jurisdiction to decide the appeal–Held, High Court wrongly allowed the second appeal and set aside the judgment/decree of Courts below.