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SC: Appeal Filed by Deceased Appellants Abated, Trial Decree Enforceable
Case Law Details
- Case Name
- Vikram Bhalchandra Ghongade Vs State of Maharashtra & Ors (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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Vikram Bhalchandra Ghongade Vs State of Maharashtra & Ors (Supreme Court of India)
Decree Passed for Deceased Appellants Is Void – SC: Trial Court Decree Revives & Becomes Executable
The Supreme Court ruled that a decree passed in favour of deceased appellants is a nullity, and therefore, the original trial court decree automatically revives for execution.
In this case, the appellants (Defendants 4 & 5) had died before the hearing of their appeal, but no legal heirs were substituted. The appellate court nonetheless decided the appeal in their favour. The plaintif...
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