abetment

mohan elnoorkar (Querist) 16 October 2010 This query is : Resolved
the deceased respondent legal representatives not brought on record and the High Court remanded the case to teh lower court.the abatement is effected in High Court and the judgment of remand weather valid without bringing the lrs on records in high court . who has to decided the point of abatement High Court or lower court.

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adv. rajeev ( rajoo ) (Expert) 17 October 2010
If the respondent is died during the pendency of the case in the high court, then it is duty is to abet the case.

Rajeev kulshreshtha (Expert) 17 October 2010
You can challenge the remand order before Hon'ble High Court on this ground.

niranjan (Expert) 17 October 2010
As per Order 23,rule 10 A it was the duty of the pleader to communicate death of the party and then it was the duty of the appellant to bring lrs on record within 90 days.However if there are other respondants,the appeal will abate only against deceased respdt.