Criminal Procedure, 1973
394. Abatement of appeals.
(1) Every appeal under Section 377 or Section 378 shall finally abate on the death of the accused ... Appellate Court for leave to continue the appeal; and if leave is granted, the appeal shall not abate. Explanation. - In this section, "near relative" means
within the time limit, the High Court dismissed the appeal
holding that the appeal had abated against L and that its
effect was that ... appeals against the co-respondents would
also abate as a result of the abatement of the appeal
against the deceased respondent. They have not been
legal representatives are not brought
on record the suit or the appeal might abate as far as he is
concerned but not as regards ... High Court was correct in holding that the third appeal
atleast, had not abated because of the failure to implead
one of the plaintiffs
appeals against the co-
respondents would also abate, as a result of the abatement of the appeal
against the deceased respondent. Indicating that it would ... time of final hearing of the appeals. Finally, the other appeals
were held not to abate merely because the Trial Court decree was one. This
appeals against the co-respondents would also abate, as a
result of the abatement of the appeal against the deceased respondent.
Indicating that it would ... time of final hearing of the appeals. Finally, the other appeals
were held not to abate merely because the Trial Court decree was one. This
Prasad, who is one of the respondents in
these appeals, that the appeals have abated as a whole or
are otherwise incompetent.
In order ... appeals (Civil Appeal No. 1711/67
and 'Civil Appeal No. 1985/68 arising out of Suit No. 68/54
and High ,Court Appeal
appeal abates only qua the
deceased respondent, but the question
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whether the partial abatement leads to an
abatement of the appeal in its entirety ... respondent prevents the Court from hearing
the appeal as against the other respondents,
then the appeal abates in toto. Otherwise, the
abatement takes place only
record-Appellant in cross-appeal failed to bring
them on record of cross appeal-Cross appeal-If abates-No
objection raised before the High Court ... respondent in Government appeal, were
not brought on record till the appeal was disposed of,
ordinarily the appeal would abate.
The substantial question is: where
plaintiffs or
the defendants appeal from the decree and any of them dies
and the appeal abates so far' as he is concerned ... appeal. He had preferred an appeal, but since the legal
representatives to his estate have not been brought on
record, his appeal has abated
Appeals" has no application to appeals filed in the Supreme
Court; that such appeals ought in the matter of abatement be
governed by principles ... appeals from a sentence
of fine. Such appeals are saved from the general rule
contained in section 431 that all criminal appeals abate
