Supreme Court Sets Aside Abatement, CA 5897

Authority: Supreme Court of India (Hon'ble Mr. Justice Nongmeikapam Kotiswar Singh, In Chamber)

Order Date: 03-09-2026

Case Overview

• Civil Appeal No(s). 5897/2023: Appellant – Parikshit Dalal & Anr; Respondent – Santosh Hospital & Ors.
• C.A. No. 7667/2023: Connected civil appeal referenced in the order.
• Interlocutory Applications (IAs) listed: IA No. 172268/2023 (setting aside an abatement), IA No. 172269/2023 (condonation of delay in filing), IA No. 216802/2025 (application for abatement), IA No. 216803/2025 (condonation of delay), IA No. 216800/2025 (application for substitution), IA No. 216804/2025 (condonation of delay substitution) and a request to withdraw IA No. 216804/2025.
• Legal representatives of deceased respondent No. 13 (in CA 5897) and deceased respondent No. 2 (in CA 7667) were sought to be brought on record.

Final Outcome

1. Applications for bringing on record the legal representatives of deceased respondent No. 13 (CA 5897) and deceased respondent No. 2 (CA 7667), setting aside abatement, and condonation of delay in filing were allowed.

2. The Court observed that the legal representatives are already on record in the connected civil appeals; therefore, no fresh steps are required.

3. The petitioner's letter seeking withdrawal of IA No. 216804/2025 was allowed.

4. Both matters were listed before the Regular Court for further hearing.

Topics: Legal Procedure, Civil Appeal