Searching Case Laws & Precedent on Legal Query..!
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Scanned Judgements…!
Order 22 Rule 4 (4) CPC - The court can grant exemption from bringing heirs and legal representatives on record only before the judgment is pronounced; after judgment, such exemption is not permissible. If no application for substitution or exemption is filed within the prescribed time, the suit may abate upon the defendant’s death. ["Joginder vs Lohari Devi - Himachal Pradesh"], ["Gurmeet Singh VS Harjinder Singh - Punjab and Haryana"], ["D. F. Dias (Dead) through LR Fransisaka Dias VS Shrimurti Parasnath Digambar Jain Bada Mandir Trust Hanuman Tall - Madhya Pradesh"]
Death of Defendant No 1 & LRs Record - In cases where defendant No 1 died during pendency, and no application was made to bring on record LRs, the suit was often dismissed or abated. However, amendments (e.g., Punjab’s notification in 1975) allow courts to proceed without LRs if no application is filed timely, and the legal position emphasizes that the suit abates if no substitution occurs within the statutory period. ["Gurmeet Singh VS Harjinder Singh - Punjab and Haryana"], ["Gurmeet Singh VS Harjinder Singh - Punjab and Haryana"], ["Hakim Din VS Akbar Noor - Current Civil Cases"], ["D. Selvi vs Suseela Ramachandran - Madras"]
Legal Proceedings & Abatement - The failure to file applications for substitution under Order 22 Rule 4 (or Rule 3 for plaintiffs) results in abatement of the suit against the deceased. Courts have held that once the time limit lapses without such application, the suit cannot proceed against the deceased defendant. ["Joginder vs Lohari Devi - Himachal Pradesh"], ["Hakim Din VS Akbar Noor - Current Civil Cases"], ["D. F. Dias (Dead) through LR Fransisaka Dias VS Shrimurti Parasnath Digambar Jain Bada Mandir Trust Hanuman Tall - Madhya Pradesh"], ["D. Selvi vs Suseela Ramachandran - Madras"]
Procedure & Court’s Discretion - The courts have clarified that applications under Order 22 can be entertained at any stage before judgment, but after judgment, the right to bring heirs on record is lost. The procedural irregularity in not filing such applications can lead to dismissal or abatement. ["Babita Bansal VS Hari Om Chemicals - Delhi"], ["Joginder vs Lohari Devi - Himachal Pradesh"], ["D. F. Dias (Dead) through LR Fransisaka Dias VS Shrimurti Parasnath Digambar Jain Bada Mandir Trust Hanuman Tall - Madhya Pradesh"]
Judicial Discretion & Pending Appeal - When heirs are already on record or notice has been received, courts generally do not interfere prematurely. The main issue remains whether proper application for substitution was filed timely. If heirs are already on record, further proceedings or appeals can be pursued without affecting the validity of the decree. ["Abdul Badud @ Md. Badud, Son of Late Attiullah VS Abdul Quayum Son of Late Mohibul Haque - Patna"], ["D. F. Dias (Dead) through LR Fransisaka Dias VS Shrimurti Parasnath Digambar Jain Bada Mandir Trust Hanuman Tall - Madhya Pradesh"]
Main Point & Conclusion - The main point is that Order 22 Rule 4 (4) CPC restricts exemption from substituting legal heirs to before judgment. Since the defendant No 1 died during pendency and no application for substitution was filed timely, the court rightly considers the matter as fitting O22 R4 and will decide the case first on that basis. The judge’s statement that fits O22 R4 will be decided first aligns with the legal provisions that the suit’s continuation depends on proper substitution of heirs, which was not done in this case. ["Joginder vs Lohari Devi - Himachal Pradesh"], ["Gurmeet Singh VS Harjinder Singh - Punjab and Haryana"], ["Hakim Din VS Akbar Noor - Current Civil Cases"]
Summary:The legal framework under Order 22 Rule 4 CPC emphasizes that exemption from substituting heirs of a deceased defendant is only permissible before judgment. In the present case, defendant No 1 died during the suit, and no application for substitution was made within the prescribed period. Consequently, the court's decision to prioritize the question of whether the suit fits under Order 22 Rule 4 is correct, as this will determine if the suit can proceed or if it has abated.
In civil litigation, the untimely death of a party can significantly impact proceedings. A common query arises: What is the time limit for a legal representative to be on record under Order 22? This question is crucial for plaintiffs and defendants alike, as missing deadlines can lead to the abatement of the entire suit, rendering subsequent applications ineffective. This post explores the provisions of Order 22 of the Code of Civil Procedure (CPC), 1908, the consequences of non-compliance, and practical insights from case law.
Understanding these rules helps litigants navigate procedural hurdles, ensuring their claims survive unforeseen events like a defendant's death during a suit.
Order 22 CPC governs the death, marriage, or insolvency of parties in suits and appeals. Specifically, when a defendant dies during the pendency of a suit, the plaintiff must take steps to substitute the deceased's legal representatives (LRs). Failure to do so within the prescribed time results in abatement under Order 22 Rule 4 CPC. T. Gnanavel VS T. S. Kanagaraj - 2009 0 Supreme(SC) 371
The time limit for filing an application for substitution is 90 days from the date of knowledge of the death. This period starts when the plaintiff becomes aware of the demise, often through court records or service reports. Prompt action is essential, as the suit does not automatically continue against the deceased. T. Gnanavel VS T. S. Kanagaraj - 2009 0 Supreme(SC) 371
Key procedural steps include:- Serving notice of death on potential LRs.- Filing an application under Order 22 Rule 3 or 4, naming all known LRs.- Obtaining court orders to bring them on record.
If no application is filed within 90 days, the suit abates automatically. Abatement means the suit ceases to exist against the deceased defendant, and no decree can be passed. This is a strict rule to prevent indefinite delays. T. Gnanavel VS T. S. Kanagaraj - 2009 0 Supreme(SC) 371
Post-abatement:- Subsequent proceedings, like applications under Order 7 Rule 11 CPC for plaint rejection, become infructuous or inadmissible. Order 7 Rule 11 allows rejection if the plaint discloses no cause of action or is barred by law, but it presupposes a live suit. Kanchen Devi VS Akbar Khan - 1999 0 Supreme(Raj) 34- Decrees passed after abatement are null and void. T. Gnanavel VS T. S. Kanagaraj - 2009 0 Supreme(SC) 371
As noted in relevant judgments, if the suit has abated due to non-substitution, then applications like Order 7 Rule 11 cannot revive the suit. T. Gnanavel VS T. S. Kanagaraj - 2009 0 Supreme(SC) 371Kanchen Devi VS Akbar Khan - 1999 0 Supreme(Raj) 34
Order 7 Rule 11 is an early-stage tool to weed out frivolous plaints. However, its efficacy hinges on the suit's status. If a defendant dies and LRs are not substituted timely:- The suit abates.- Any Order 7 Rule 11 application filed thereafter lacks purpose, as there's no active suit to reject. Kanchen Devi VS Akbar Khan - 1999 0 Supreme(Raj) 34
Courts emphasize: An application under Order 7 Rule 11 can only be effectively considered if the suit is still alive, i.e., not abated due to non-substitution of the deceased defendant. Kanchen Devi VS Akbar Khan - 1999 0 Supreme(Raj) 34
Timing is critical—the sequence of death, substitution filings, and compliance determines outcomes. T. Gnanavel VS T. S. Kanagaraj - 2009 0 Supreme(SC) 371
Judicial precedents reinforce these principles. In one case, the Appellate Court rejected a plaintiff's application under Order 22 Rule 9(2) CPC because no steps were taken to substitute LRs of a deceased defendant (Rajbantin Bai), discovered via service report. Champa Bai S/o Salikram VS Bholaram S/o Salikram - 2023 Supreme(Chh) 541
However, courts recognize Order 22 as procedural, not penal. The provisions of Order 22 of CPC are procedural and should not curtail the substantial rights of the parties. Order 22 Rule 9(3) explicitly applies Section 5 of the Limitation Act for condoning delays in abatement-set-aside applications. The Supreme Court set aside a rejection, directing reconsideration with condonation pleas, citing Banwari Lal and Sital Prasad Saxena cases. Champa Bai S/o Salikram VS Bholaram S/o Salikram - 2023 Supreme(Chh) 541
In execution proceedings, abatement rules differ. Order 22 applies to suits but not always executions. Execution proceedings are not abated by the death of a judgment-debtor, allowing legal representatives to enforce decrees. Legal reps must be brought on record, but failure doesn't automatically abate. Musunuri Satyanarayana VS Tummala Indira Devi - 2024 Supreme(AP) 1530
Other rulings note LRs brought on record post-death in appeals without abatement issues, provided timely action. R. Kandaswamy VS Pacha Goundar - 2022 Supreme(Mad) 3327Kousalya VS LeenaKousalya W/o Late Thankappan VS Leena W/o Rajan - 2022 Supreme(Ker) 1038Kousalya VS K LeenaSakunthala VS K. Ganesan - 2019 Supreme(Mad) 1646
Abatement isn't always final:- Exemption under Order 22 Rule 4(4): File before judgment for exemption if substitution isn't needed (e.g., no interest transfer). T. Gnanavel VS T. S. Kanagaraj - 2009 0 Supreme(SC) 371- Set aside abatement: Under Order 22 Rule 9(2), apply with sufficient cause; Section 5 Limitation Act applies for delay condonation. Champa Bai S/o Salikram VS Bholaram S/o Salikram - 2023 Supreme(Chh) 541- If LRs are already on record or proceedings continue seamlessly, no abatement. Musunuri Satyanarayana VS Tummala Indira Devi - 2024 Supreme(AP) 1530
Courts apply a judicial conscience test in related contexts, ensuring procedural rules don't unjustly bar rights. Kousalya VS Leena
To safeguard your suit:- Monitor party status: Upon death notice, immediately apply for substitution within 90 days.- Document knowledge date: Use service reports or affidavits to prove timelines.- Seek condonation early: If delayed, pair with Section 5 Limitation Act applications.- Check suit viability pre-filing applications: Confirm no abatement before Order 7 Rule 11 motions.- Consult counsel: Procedural nuances vary by facts.
The time limit under Order 22 CPC for legal representatives to be on record is typically 90 days from knowledge of death, with abatement as the harsh penalty for delay. This directly affects tools like Order 7 Rule 11, underscoring vigilance in civil suits. While procedural, these rules protect efficiency without unduly harming rights, as seen in condonation allowances. Champa Bai S/o Salikram VS Bholaram S/o Salikram - 2023 Supreme(Chh) 541
Key Takeaways:- File substitution promptly to avoid abatement. T. Gnanavel VS T. S. Kanagaraj - 2009 0 Supreme(SC) 371- Post-abatement, Order 7 Rule 11 applications fail. Kanchen Devi VS Akbar Khan - 1999 0 Supreme(Raj) 34- Leverage Rule 9(2) and Limitation Act for remedies. Champa Bai S/o Salikram VS Bholaram S/o Salikram - 2023 Supreme(Chh) 541- Execution differs from suits. Musunuri Satyanarayana VS Tummala Indira Devi - 2024 Supreme(AP) 1530
This post provides general insights based on CPC and case law; it is not legal advice. Consult a qualified lawyer for case-specific guidance.
References:1. T. Gnanavel VS T. S. Kanagaraj - 2009 0 Supreme(SC) 371: Substitution requirements and abatement effects.2. Kanchen Devi VS Akbar Khan - 1999 0 Supreme(Raj) 34: Order 7 Rule 11 in abated suits.3. Champa Bai S/o Salikram VS Bholaram S/o Salikram - 2023 Supreme(Chh) 541: Procedural nature and condonation.4. Musunuri Satyanarayana VS Tummala Indira Devi - 2024 Supreme(AP) 1530: Execution proceedings.
#Order22CPC, #SuitAbatement, #LegalSubstitution
court and, therefore, question of bringing on record the heirs and legal representatives of the defendant would not arise as Order 22 Rule 4(4) CPC clearly says that if such exemption is granted by the court, the effect of such death would be taken as if the decree was pronounced before the said death ... In any view of the matter, Order 22 Rule 4(4) C....
During the pendency of suit, defendant No.1 – Sarwan Singh died on 15.01.2016, but no application by anyone had been moved for bringing on record the legal representatives (in short ‘L.Rs.’) of said defendant No.1 – Sarwan Singh. ... Trial Court framed issues in the suit vide its order dated 15.11.2017, however, in the first....
1. Present revision petition is directed against the order dated 15.11.2017, passed by the Court of Civil Judge (Jr. ... During the pendency of suit, defendant No.1 – Sarwan Singh died on 15.01.2016, but no application by any one had been moved for bringing on record the legal representatives (in short ‘L.Rs.’) of said defe....
else of the particular date, on which the said defendant 1 died. ... 7. Admittedly, the plaintiff/ petitioner herein at the time of institution of the suit had impleaded the deceased Mohd. Rafiq as defendant 1. ... (3) Where within the time limited by law no application is made under sub-rule (1), the suit shall abate as against the deceased #HL_ST....
Learned Appellate Court vide order dated 13.11.2018 rejected the application moved by the plaintiff under Order 22 Rule 9(2) of CPC on the ground that no steps were taken to substitute legal representatives of defendant No.3 - Rajbantin Bai. ... After going through the service report, the plaintiff came to know that defendant No.3 Rajbantin Bai had expired prior to judg....
AIR 1969 MAD 309 The learned Judge held that if no application is made for substitution under Order XXII Rule 4 (1) of the C.P.C, and where no order for exemption is sought for under Order XXII Rule 4(4), the suit will abate. ... However, when an application under Order XXII is allowed, the Court has already granted the requisite per....
We may state that Order 22 of the Code is applicable to the pending proceedings in a suit. But the conflicting claims of legal representatives can be decided in execution proceedings in view of the principles of Rule 5 of Order 22. This Court in a judgment in V. Uthirapathi v. ... Here, it is pertinent to mention Order XXI Rule 32(1) ....
The husband of the petitioner/defendant died on 21st May 2021. ... the application under Order 7 Rule 11 CPC cannot but be procedural irregularity touching the exercise of jurisdiction by the trial court. ... The trial court can exercise the power under Order 7 Rule 11 CPC at any stage of the suit - before registerin....
Order 22, Rule 4 (3) "Where within the time limited by law no application is made under sub-rule (1), the suit shall abate as against the deceased defendant." 20. ... ORDER 1. ... There will be no order as to costs.” 11. In view of the aforesaid decision in the case of P. Jesaya (Dead) By LRs v. ... These ....
Chand Devi, defendant no. 14 (F) had already received appeal notice and her sons and daughters are already on record as defendant nos. 14 (a) to 14 (d) in the suit and decree. Johara Khatoon died issue-less but she also received appeal notice on 16.06.2017. ... The learned counsel further submitted that the petitioner Abdul Badud did never disclose about the death of his mother Rasulan N....
The first defendant had died and his legal representatives were already on record.
7. Pending appeal, the second defendant died and his legal representatives have come on record.
7. Pending appeal, the second defendant died and his legal representatives have come on record.
7. Pending appeal, the second defendant died and his legal representatives have come on record.
Aggrieved by the said Judgment, the defendant then filed the said First Appeal. Pending the First Appeal, the defendant died and his legal representatives were brought on record. The learned II Additional District Judge also concurred with the findings of the trial Court with respect to the finding that the agreement was valid and binding on the appellant/defendant and that it cannot be rejected as being sham and nominal. It was also held that the suit was not barred by limit....
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