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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ABHAY AHUJA
Pfizer Limited – Appellant
Versus
Shivalik Exports Corporation – Respondent
Key Points: - (!) - (!) - (!) - (!) - (!) - (!)
| Table of Content |
|---|
| 1. plaintiff's attempt to amend suit due to deceased defendants (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. opposition towards impleading new defendants without notice (Para 8 , 16 , 17) |
| 3. analysis of substitution process under cpc (Para 10 , 11 , 12 , 18 , 20) |
| 4. guidelines on abatement and substitution procedures (Para 13 , 15 , 22) |
| 5. court order related to amendments and notification to legal representatives. (Para 19) |
| 6. final order regarding amendments and notifications (Para 24 , 25) |
ORDER. :
ABHAY AHUJA, J.
1. The Applicant/Plaintiff is a company incorporated under the Indian Companies Act, 1913, an existing company under the Companies Act, 1956 and 2013. The Plaintiff is a company stated to be engaged in the manufacture and marketing of pharmaceuticals and consumer healthcare products.
2. The Defendant No. 1 is a partnership firm whose services were requisitioned by the Plaintiff under the carrying and forwarding agreement dated 28th September, 2010 and the amendment thereto dated 2nd April, 2012 (the “CFA Agreement”). The Defendants No. 2 to 6 are the partners of the Defendant No. 1 firm.
3. The Applicant/Plaintiff by way of the suit is seeking a money decree against the Defen
Substitution of deceased parties in civil proceedings requires adherence to strict timelines under the CPC and affording notice to legal representatives, failing which valuable rights may be compromi....
Procedural laws must be interpreted liberally to ensure substantive rights are upheld in the context of setting aside abatement due to a party's death, emphasizing justice over technicalities.
Abatement of an appeal under CPC is not automatic upon death if the right to sue survives; presence of a legal representative allows continuation despite procedural delays.
The main legal point established is that the timely filing of applications under Order XXII Rule 4 and Rule 9 of the CPC is crucial, and delay cannot be condoned without sufficient cause. Negligence ....
Counsel must notify the court of a party's death and provide legal heirs' details; failure leads to abatement under Order 22 Rule 10A of CPC.
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