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SUPREME COURT OF INDIA
V.D. TULZAPURKAR AND BAHARUL ISLAM, JJ.
Ghafoor Ahmad Khan, Appellant
Versus
Bashir Ahmad Khan (Dead) by LRs. Respondents.
Civil Appeal No. 3497 of 1982 (Arising out of S. L. P. (Civil) No. 1548 of 1980),
D/- 8-11-1982.
Advocates Appeared
Mr. Pramod Swarup, Advocate, for Appellant; Mr. Salman Khurshid and Mr. L. R. Singh, Advocates, for Respondents.
Civil Procedure Code, 1908 - Order XXI, Rule 10 - High Court’s Order directing that the appeal has abated and is, therefore, dismissed; that order cannot be sustained - This is not a case where on the death of the sole respondent his heirs are sought to be brought on record - Held, In other words it is a case of devolution of interest and case falls under Order XXI, Rule 10 of C. P. C. and there will be no question of abatement – Court direct that the transferee be brought on the record - Appeal is remitted to the High Court and the same be heard and disposed of in accordance with law – Order accordingly.
ORDER :- After hearing counsel for the respondents we are not satisfied with the High Courts Order directing that the appeal has abated and is, therefore, dismissed; that order cannot be sustained. This is not a case where on the death of the sole respondent his heirs are sought to be brought on record. During the lifetime of the sole respondent there was a transfer of the property (subjectmatter of appeal) by way of a gift to his wife. In other words it is a case of devolution of interest and the case falls under Order XXI, Rule 10 of C. P. C. and there will be no question of abatement. We, therefore, direct that the transferee be brought on the record. The appeal is remitted to the High Court and the same be heard and disposed of in accordance with law.
Order accordingly.
For Citation : AIR 1983 SC 123
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