YOGENDRA SAH vs GAURI SHANKAR SAH (D) BY LRS. . — C.A. No. 7415/2001

Case under Section XVI. Status: DISPOSED.

CNR: SCIN010088902001

DISPOSED

Filing Date

16-May-2001

Registration No

C.A. No. 7415/2001

Diary Number

8890/2001

Order Date

30-Oct-2001

Document Type

ROP - of Main Case

Disposal Type

Dismissed

Data as of 20-Jun-2026

Acts & Sections

Section XVI

Petitioner(s)

YOGENDRA SAH

Adv. PRASHANT KUMAR

Respondent(s)

GAURI SHANKAR SAH (D) BY LRS. .

Adv. AKHILESH KUMAR PANDEY

Orders

View Full Judgment
casestatus.in Summary

Case Summary: Yogendra Sah v. Gauri Shankar Sah Outcome: The Supreme Court granted special leave to appeal and set aside the High Court's order. The Court permitted substitution of the deceased respondent's legal heirs on record and allowed the appeal with no order as to costs, directing the High Court to decide the underlying appeal on merits. Key Issue: The High Court had dismissed the entire appeal for failure to timely file an application substituting the deceased respondent's heirs (2-3 days delay), despite a 90-day statutory period. The Supreme Court found this approach erroneous, noting the appeal should not abate against surviving respondents. Next Step: The High Court must now reconsider and decide the original appeal (SA 52/97) on its substantive merits in accordance with law. This case analysis is maintained by casestatus.in based on publicly available court records.

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