New India Assurance Co. Ltd. vs Smt. Anjana Devi And Another

Heard learned counsel for the parties.

On the death of one of claimants/respondents Smt. Anjana Devi, the appellant has moved application to dismiss the appeal as abated.

Cause of action continues to survive in view of the fact that the respondent no.2 Gopal Agarwal is also there coupled with the fact that he is one of the heirs and legal representatives of the deceased respondent no.1 also.

In this view of the matter, the appeal cannot be abated.

Application rejected.

Office is directed to make an endorsement before the name of the respondent no.1 that she is dead and further respondent no.2 represents her interest also.

Order Date :- 23.9.2010 piyush