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2026 Supreme(Online)(Raj) 3255
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Maneesh Sharma, J
BRIJ MOHAN SHARMA – Appellant
Versus
GHASI LAL AND ORS – Respondent
S.B. Civil First Appeal No. 520/2009
For the Appellants/Petitioners: Ankit Agrawal, Hemraj Rodiya
For the Respondents: Ram Prasad, Prahlad Sharma
An appeal is not deemed abated upon the death of a respondent if the required notice under Order 22 Rule 10A of the CPC has not been filed, and delays in substitution applications may be condoned under Section 5 of the Limitation Act.
Headnote:The court considered multiple interlocutory applications under Order 22 Rule 3, Order 22 Rule 9, and Section 5 of the Limitation Act, 1963, concerning the death of the sole appellant and respondent No. 1. The court examined whether the appeal had abated due to the death of the parties and whether the delay in filing substitution applications should be condoned. The primary issues were the abatement of the appeal and the condonation of delay in bringing legal representatives on record. The court observed that the appeal could not be said to have abated regarding the respondent's death because the respondent had not filed an application under Order 22 Rule 10A of the CPC. Regarding the appellant's death, the court found the reasons for delay sufficient for condonation. Application (I.A. No.1/2025) is disposed of; applications (I.A. No.3/2025), (I.A. No.2/2025), (I.A. No.5/2025), and (I.A. No.4/2025) are allowed.
| Table of Content |
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| 1. abatement of appeal and the necessity of order 22 rule 10a cpc compliance. (Para 1 , 2 , 3) |
| 2. condonation of delay and substitution of legal representatives for the deceased appellant. (Para 4) |
Order
In application (I.A. No.1/2025):-
1. Matter has come up on an application (I.A. No.1/2025) filed under Order 22 Rule 9 CPC on 08.09.2025 by the respondent for dismissing the instant appeal as abated.
2. Since the present matter was filed in the year 2009 and prior to filing of the application for abatement, the respondent No.1- Ghasilal has expired on 24.04.2025, therefore, necessary application for substitution could not be filed. Even otherwise, the respondent herein has not filed any application under Order 22 Rule 10A of the CPC, therefore, it cannot be said that the present appeal has been abated.
3. In view of the above, application (I.A. No.1/2025) is disposed of.
In application (I.A. No.3/2025):-
1. Matter has come up on application (I.A. No.3/2025) filed under Section 5 of the Limitation Act, 1963 for condonation of delay in filing the application under Order 22 Rule 3 of CPC.
2. For the reasons mentioned in the application, the same is allowed.
3. Delay in filing the application (I.A. No.2/2025) under Order 22 Rule 3 CPC is condoned.
4. Amended cause title annexed with the present application is taken on record.
In application (I.A. No.2/2025):-
1. Matter has come up on an application (I.A. No.2/2025) filed under Order 22 Rule 3 of the CPC for taking on record the legal representatives of the sole appellant-Brij Mohan Sharma, who has passed away on 28.03.2024.
2. For the reasons mentioned in the application, the same is allowed.
In application (I.A. No.5/2025):-
1. Matter has come up on application (I.A. No.5/2025) filed under Section 5 of the Limitation Act, 1963 for condonation of delay in filing the application under Order 22 Rule 9(2) read with Section 11 CPC.
2. For the reasons mentioned in the application, the same is allowed.
3. Delay in filing the application (I.A. No.4/2025) under Order 22 Rule 9(2) read with Section 11 CPC is condoned.
In application (I.A. No.4/2025):-
1. Matter has come up on an application (I.A. No.4/2025) filed under Order 22 Rule 9(2) read with Section 11 of the CPC for setting aside the abatement of appeal on account of death of the sole appellant-Brij Mohan Sharma.
2. For the reasons mentioned in the application, the same is allowed.
In S.B. Civil First Appeal No. 520/2009:-
Learned counsel for the appellant is at liberty to move an appropriate application for substitution of legal representatives of the deceased appellant No.1-Ghasilal.
List the matter after four weeks.
