SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(SC) 80

SUPREME COURT OF INDIA
SMT. PRAKASHI – Appellant
Versus
HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. – Respondent
R.P.(C) No.-000110-000123 - 2025



The court ruled that failure to notify about the death of respondents absolves appellants from the obligation to bring legal representatives on record.

Headnote:(A) Code of Civil Procedure, 1908 - Order 22 Rule 10A - Review application - Applicants sought review of judgment dated 9th February, 2023, claiming lack of notice to legal representatives of deceased respondents - Court found no averment of intimation regarding death of respondents, thus dismissing the review application. (Paras 2-6)

(B) Review Grounds - Grounds raised were beyond the scope of Order 47 Rule 1 of CPC and Supreme Court Rules, 2013. (Para 5)

Facts of the case:
The applicants sought review of a judgment allowing civil appeals without notice to some respondents, claiming their predecessors had passed away.

Findings of Court:
The court found no basis for the review as there was no intimation of death provided by the appellants.

Issues: The main issue was whether the appellants were at fault for not bringing legal representatives on record.

Ratio Decidendi: The court ruled that in the absence of intimation of death, the appellants could not be faulted for not bringing legal representatives on record.

Result: Review application dismissed.

O R D E R

1. Delay condoned.

2. The applicants are seeking review of the judgment and order dated 9th February, 2023 passed by a coordinate Bench of this Court (cor. M.R. Shah and Hima Kohli, JJ.) partially allowing a bunch of civil appeals preferred by the Haryana State Industrial and Infrastructure Development Corporation Limited and others1, challenging the judgment and order dated 5th July, 2019 passed by the High Court of Punjab and Haryana at Chandigarh.

3. The only substantial ground on which a review could have been available is ground ‘B’. According to the applicants, the appeal came to be allowed by this Court without notice to some of them. Their predecessors having passed away, the appellants ought to have brought on record their legal representatives on record which they did not for reasons known to them.

4. There is no averment in the application for review that during the pendency of the civil appeals, intimation of death of the deceased respondents was given to the advocate-on-record for the appellants in terms of Order 22 Rule 10A of the Code of Civil Procedure , 19082. In the absence of any such intimation, the appellants cannot be faulted for not bringing on record the legal representatives of the deceased respondents.

5. The other grounds raised in the application are beyond the parameters of Order 47 Rule 1 of the CPC as well as Order 47 of the Supreme Court Rules , 2013.

6. The application for review is, accordingly, dismissed.

7. Pending application(s), if any, shall stand disposed of.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top