Back
VISHAL DHAGAT, SMT. ANURADHA SHUKLA
Premvati Patel @ Asha Patel (Correct and Real Name is Smt. Asha Patel w/o Ashok Kumar Patel) – Appellant
Versus
Ashok Kumar Verma – Respondent
ORDER
Dhagat -- 1. Appellant has preferred this appeal under section 19 of Family Court Act, 1984 challenging ex-parte judgment and decree dated 6.4.2015 passed by First Additional Principal Judge, Family Court, Jabalpur in Civil Suit No.66-A/2014, by which marriage dated 8.6.1990 between appellant and respondent was dissolved.
2. Appellant had filed I.A.No.10351/2025 under Order 22 rule 4(4) of CPC, wherein prayer is made to appoint any person to contest appeal on behalf of deceased respondent.
3. It is submitted by counsel appearing for appellant that respondent had died on 7.12.2024. There is no legal heir to contest the case and appeal is personam in nature, therefore, one person may kindly be appoint under Order 22 rule 4(4) of CPC to contest the case. Counsel appearing for appellant placed reliance on order 22 rule 4(A) of CPC and submitted that when a party died during pendency of suit and has no legal representative, the Court on application of any party to a suit may proceed in absence of a person representing the estate of deceased person or may by order appoint administrator general or any officer of the Court to represent estate of deceased person for purpose of suit. I
A party must produce original documents such as a 'Will' to substantiate their claim for legal representation in a proceeding; failure leads to dismissal of the application.
The main legal point established in the judgment is that the provisions of Order 22 of CPC are procedural and should not curtail the substantial rights of the parties. The Court emphasized the applic....
A decree passed against a deceased party is null and void; proper procedure under Order 22 CPC must be followed to avoid automatic abatement.
The determination of legal representatives under Order XXII Rule 5 is a summary inquiry focused on representation in the suit, not on resolving inheritance rights.
A decree against a deceased party is void; however, the legal heirs have the discretion to treat it as valid or challenge it, as reaffirmed by the court.
Merely because the evidence of respondent/defendant and Prabhakar Rao (PW-2) was not repeated all over again, it cannot be held that the appellant/ plaintiff could be non-suited on this ground.
Procedural rules under O.22, CPC should advance justice and not penalize parties for minor 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
