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Appeal Abates If Deceased Appellant's Legal Heirs Are Not Substituted; Order 41 Rule 4 CPC Inapplicable: J&K&L High Court
['Livelaw News Network']
Supreme Court - High Court - Legal Breaking News | Live Law India
The Jammu & Kashmir and Ladakh High Court has held that Order 41 Rule 4 of the Code of Civil Procedure applies only at the stage of filing an appeal and cannot be relied upon to continue an appeal after the death of one of the appellants during its pendency.The Court ruled that where all the aggrieved parties have jointly filed an appeal, the death of one of them attracts the provisions...