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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
DWARKA DHISH BANSAL
Ramswaroop – Appellant
Versus
Churaman – Respondent
JUDGMENT :
DWARKA DHISH BANSAL, J.
This second appeal is preferred by the appellants/defendants challenging the judgment and decree dated 13.10.2025 passed by District Judge, Pawai, District Panna in RCA no. 10/2023 affirming the judgment and decree dtd.13.03.2023 passed by Civil Judge Senior Division, Pawai, District Panna in Civil Suit No.03-A/2018, whereby Trial Court decreed the plaintiffs’ suit, which has been affirmed by the First Appellate Court, by dismissing the civil appeal as not maintainable for want of necessary parties.
2. Instant second appeal is listed for hearing on admission but since the contesting respondents/plaintiffs are duly represented by the counsel Shri Shankar Prasad Singh and Shri Saurabh Singh Sengar, therefore, with the consent of counsel for the parties, second appeal is heard finally on the following substantial question of law:-
“Whether in view of amendment made on 26.10.2023 in the impugned judgment and decree dtd.13.03.2023, consequent upon allowing the application under Section 151, 152 of CPC dtd. 26.09.2023, First Appellate Court has committed an illegality in dismissing the appellants/defendants’ application for substitution of legal representat
The non-substitution of legal representatives does not lead to abatement if an application for substitution is timely granted.
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.
An appeal filed against a deceased sole defendant is a nullity; proper procedure requires withdrawal of the appeal with liberty to file a fresh one involving the legal heirs.
A decree passed in favor of a deceased individual is a nullity unless legal representatives are substituted timely, reflecting the necessity of following procedural requirements under the Code.
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....
(1) Substitution – Limitation – Suit/appeal automatically abates when application to substitute legal representatives of deceased party is not filed within prescribed limitation period of 90 days fro....
Legal representatives of deceased parties can seek substitution; amendments to pleadings are permitted to promote effective adjudication and safeguard substantive rights over rigid procedural complia....
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