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Kishorilal (D) Thr. LRs & Ors. v. Gopal & Ors.

with connected appeal · 2026 INSC 48Decided 12 Jan 2026
with connected appeal
Justice Manoj Misra · Justice Ujjal Bhuyan

Background

A specific-performance appeal was dismissed as "abated" because one heir of a deceased party (among several) wasn't formally substituted in time, despite other heirs and the actual property purchasers already being on record.

Decision Breakdown

The Supreme Court held an appeal doesn't automatically abate for one un-substituted heir if the deceased's interest is sufficiently represented by others already on record, and restored the appeals for decision on merits.

Lesson Learnt

A case won't automatically be thrown out just because one heir among several isn't formally added in time, as long as the deceased's interest is adequately represented by others already part of the case.

Official source (sci.gov.in)View Judgment (PDF)

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