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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PRANAY VERMA
Dudhalal – Appellant
Versus
Karulal – Respondent
JUDGMENT :
PRANAY VERMA, J.
1. This appeal under Section 100 of Code of Civil Procedure has been preferred by the plaintiff being aggrieved by the judgment and decree dated 13.09.2022 passed in Civil Appeal No.1/2022 by the District Judge, Bhanpura, District Mandsaur arising out of the judgment and decree dated 06.12.2021 passed in Civil Suit No.5A/2019 by the Civil Judge, Senior Division, Bhanpura, District Mandsaur.
2. The plaintiff had instituted an action against the defendants for declaration of title and permanent injunction with respect to the suit land. Rughnath was impleaded as defendant No.2 to the suit. He did not contest the claim by filing any written statement. The claim was contested only by defendant No.1. During pendency of the suit, Rughnath died on 22.03.2019 but no steps for bringing his legal representatives on record were taken by plaintiff. The suit was decided on merits by judgment and decree dated 06.12.2021 by the trial Court and was dismissed.
3. In appeal preferred by the plaintiff, notices were issued to the defendants. The notice issued to Rughnath was received back with the note that he has expired. The plaintiff then filed an application under Order 22
The appellate court lacks jurisdiction to address merits if it has determined the appeal abated due to a party's death; the proper procedure requires remanding the matter for addressing substitution.
Point of law: Decree in Suit – Abatement of Appeal - In cases where an appellate Court has made an order dispensing with service of notice of appeal upon legal representatives of any person deceased ....
The abatement of an appeal due to non-substitution of a deceased co-appellant leads to the entire appeal being dismissed if it involves a joint decree that may result in conflicting decisions.
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.
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 decree passed in favor of or against a deceased person is a nullity, and the question of abatement must be decided by the same court where the party expired.
Courts should adopt a liberal approach to substitution and abatement to prioritize substantial justice over procedural technicalities.
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