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Code Of Criminal Procedure, 1973
394. Abatement of appeals.
(1) Every appeal under section 377 or section 378 shall finally ... appeal; and if leave is granted, the appeal shall not abate. Explanation.- In this section," near relative" means a parent
Central Government Act
Failure to bring,
legal representative on record-Whether the appeal abates as
a whole-Test-Code of Civil Procedure ... respondents, died. The High Court, holding
that the appeal abated against Labhu Ram and that its effect
was that
Supreme Court of India
brought
on record the suit or the appeal might abate as far as he is
concerned but not as regards ... correct in holding that the third appeal
atleast, had not abated because of the failure to implead
Supreme Court of India
legal representatives was not brought on
record, the, appeal abated, as far as he was concerned.
On the question whether ... decree and any of them dies
and the appeal abates so far' as he is concerned
Supreme Court of India
however, made within the
prescribed time, and the appeal abated so far as K was
concerned. When the appeal ... decree
and any of them died and the appeal abated so far as he was
concerned under
Supreme Court of India
having abated, the other appeals
involving common questions of fact and law cannot be proceeded with,
resulting into any conflicting ... appellants before the High Court that the appeals
merely partially abated qua the deceased appellants only and not in toto
Supreme Court of India
Accepting the contention
the High Court held that the appeal abated and set aside the
judgment and decree ... appellants-plaintiffs that (1) even if the second appeal
abated in respect of Khata No. 459 the High Court could
Supreme Court of India
record within the period of
limitation, the Government appeal abated and stood
dismissed.
Dismissing the appeal,
^
HELD: (per Shinghal ... period of 90 days provided by law, that appeal abated
thereafter and stood dismissed automatically and could not
be resurrected
Supreme Court of India
been brought on the
record so that his appeal has abated; and further, if the appeal of
the remaining defendants ... record within the period of limitation, the suit or appeal abated not
only against the deceased defendant or respondent
Allahabad High Court
abatement at all; on the other hand,
the appeal will abate respecting the interest of appellant No. 2, if
Rule ... whatsoever that Rule 3 governs the
matter, and the appeal abated so tar as the deceased appellant
Patna High Court
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