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abetment

(Querist) 17 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.can lower court make reference to High court???
Devajyoti Barman (Expert) 17 October 2010
The query is divested of the vital in formations. The high court can send any matter to the lower court on remand to consider such issues as it directed. Now, if the abatement issue is decided by the high court then the same matter can not re opened before the lower court when the case is remanded back.


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