Back
REKHA BORANA
Jabbar Singh – Appellant
Versus
Laxmi Devi – Respondent
| Table of Content |
|---|
| 1. information of death necessitates legal action. (Para 1 , 2) |
| 2. limitation for substitution begins at death. (Para 3 , 4 , 5) |
| 3. no application leads to automatic abatement. (Para 6 , 7) |
| 4. appeal abated; arguments on formal party pending. (Para 8 , 9 , 10) |
ORDER :
1. An application under Order XXII Rule 10A of the Code of Civil Procedure has been preferred on behalf of respondent No. 1 with an information that respondent No. 1-Laxmi Devi has expired on 20.08.2022. A copy of the said application had been served on learned counsel for the appellants on 29.11.2022.
2. Learned counsel for the respondent No. 1 submitted that despite the information of the death of respondent No. 1 having been given to learned counsel for the appellant way back in the month of November, 2022, till date no application for substitution of legal representatives of the said respondent has been preferred by the appellant and therefore, the appeal stands abated against respondent No. 1.
3. Learned counsel for the appellants submitted that as per Order XXII Rule 10A, CPC, on an information of death of any of the parties been given, the same has to be taken on record by the Court and then only the l
The main legal point established in the judgment is the court's power to treat an application under Order 22 Rule 4 of CPC as an application under Order 1 Rule 10 of CPC, allowing for the substitutio....
The central legal point established in the judgment is the importance of adjudicating on the substitution of deceased defendants' legal representatives, exemption to the plaintiff, and abatement, and....
A simple prayer for substitution of legal heirs implicitly includes a request to set aside abatement, allowing cases to proceed on merits despite procedural delays.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
