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On the death of a party to the appeal, if no application made, after 91st day appeal dismissed as abated

In Gurnam Singh (D) Thr. Lrs. Vs. Gurbachan Kaur(D), Supreme Court of India held that on the death of a party to the appeal, if no application is made by the party concerned to the appeal or by the legal representatives of the deceased on whom the right to sue has devolved for substitution of their names in place of the deceased party within 90 days from the date of death of the party, such appeal abates automatically on expiry of 90 days from the date of death of the party. In other words, on 91st day, there is no appeal pending before the Court. It is “dismissed as abated”.

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