AI Overview...
- Death of Party after Conclusion of Hearing - Main points and insights:
- If a party dies after the conclusion of the hearing and before the pronouncement of judgment, the proceedings generally do not abate, and the judgment can still be pronounced. This is supported by Order 22 Rule 6 CPC, which states that there is no abatement due to death if it occurs after the hearing has concluded P. Sri Ramulu VS P. Polarao - Andhra Pradesh, Rama Devi VS Dhruv Singh - Himachal Pradesh, Rama Devi VS Dhruv Singh - Himachal Pradesh, Chandrashekharappa, since deceased by his L. Rs. VS Annapuranabai, since deceased by her L. Rs. - Karnataka, Chandanbhai Chhotabhai Patel VS Babubhai Marghabhai - Gujarat.
- Conversely, if the death occurs before the conclusion of the hearing, the suit or appeal typically abates unless specific provisions or exceptions apply. Some judgments clarify that proceedings become null if the party dies before the hearing concludes or before the judgment is passed P. Sri Ramulu VS P. Polarao - Andhra Pradesh, Nanda S/o Ghasiji VS Pyarchand S/o Rodaji - Rajasthan, New India Assurance Co. Ltd. VS Jagannath Singh - Rajasthan.
- The interpretation of 'hearing' includes not only arguments but also other stages of proceedings, influencing whether abatement occurs Golla Krishna Murthy VS Golla Yellaiah (Died) - Andhra Pradesh.
- In cases where the death occurs after the hearing but before judgment, the court usually proceeds with the case, and the judgment remains valid, provided the legal representatives are substituted properly Panna Lal VS Jai Pal Saklani - Himachal Pradesh, GOPAL SINGH VISHARAD VS JAHOOR AHMAD - Allahabad.
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There are specific provisions and case laws emphasizing that no abatement occurs after the conclusion of the hearing, and the proceedings can continue or be finalized accordingly Rama Devi VS Dhruv Singh - Himachal Pradesh, Rama Devi VS Dhruv Singh - Himachal Pradesh, Chandrashekharappa, since deceased by his L. Rs. VS Annapuranabai, since deceased by her L. Rs. - Karnataka.
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Analysis and Conclusion:
- The general legal principle, reinforced by Order 22 Rule 6 CPC and judicial interpretations, is that the death of a party after the conclusion of the hearing does not lead to abatement of the suit or appeal. The proceedings can continue, and judgments can be pronounced or executed without nullity.
- However, if death occurs before the conclusion of the hearing, the case typically abates unless specific legal provisions or circumstances allow for substitution or continuation.
- Courts have consistently held that the timing of death relative to the hearing stage is crucial, with clear guidelines that proceedings are valid if death occurs after the hearing concludes but before judgment P. Sri Ramulu VS P. Polarao - Andhra Pradesh, Rama Devi VS Dhruv Singh - Himachal Pradesh.
- Proper substitution of legal representatives and adherence to procedural rules are essential to ensure the continuation of proceedings after the death of a party occurring post-hearing GOPAL SINGH VISHARAD VS JAHOOR AHMAD - Allahabad, Panna Lal VS Jai Pal Saklani - Himachal Pradesh.
References: - P. Sri Ramulu VS P. Polarao - Andhra Pradesh - Nanda S/o Ghasiji VS Pyarchand S/o Rodaji - Rajasthan - Golla Krishna Murthy VS Golla Yellaiah (Died) - Andhra Pradesh - Rama Devi VS Dhruv Singh - Himachal Pradesh - Rama Devi VS Dhruv Singh - Himachal Pradesh - Chandrashekharappa, since deceased by his L. Rs. VS Annapuranabai, since deceased by her L. Rs. - Karnataka - Chandanbhai Chhotabhai Patel VS Babubhai Marghabhai - Gujarat - GOPAL SINGH VISHARAD VS JAHOOR AHMAD - Allahabad - New India Assurance Co. Ltd. VS Jagannath Singh - Rajasthan - Panna Lal VS Jai Pal Saklani - Himachal Pradesh
Search Results for "Death of Party after Conclusion of Hearing"
2018 0 Supreme(AP) 881 • India - Andhra Pradesh
C.PRAVEEN KUMAR
of any party between conclusion of hearing and pronouncement of judgment, It may be pronounced, notwithstanding death, and shall ... Apex Court, in view of clear pronouncement of Supreme Court, contra is also correct, that if party died before conclusion of hearing ... died before conclusion of hearing, judgment rendered would nullity, it is clear that after passing of preliminary decree, the proceedings ... Jagan Mohan Rao (supra),....
2015 0 Supreme(Raj) 1895 • India - Rajasthan
VINEET KOTHARI
party between the conclusion of hearing and the pronouncement of judgment. ... party between the conclusion of hearing and the pronouncement of judgment. ... DECREE - EFFECT OF DEATH OF DEFENDANT - ABATEMENT OF SUIT - ORDER 22, RULE 6, CPC - INJUNCTION SUIT - DEATH OF ONE DEFENDANT - ... No abatement by reason of death after hearing:- Notwithstanding anything contained in the foregoing rules, whether the cause of a....
2001 0 Supreme(AP) 868 • India - Andhra Pradesh
BILAL NAZKI, ELIPE DHARMA RAO
of any party between conclusion of hearing and pronouncement of judgment - If party had died before conclusion of hearing ... of plaintiff - Word “hearing” occurring in Or22, R6 - Interpreted - Hearing does not mean hearing of arguments only, it ... Contention in second appeal that judgment in first appeal was nullity in view of Or22, R6 since first appeal had been heard after death ... C. found....
2019 0 Supreme(HP) 1683 • India - Himachal Pradesh
SANDEEP SHARMA
either party between the conclusion of the hearing and the pronouncing of the judgment. ... after the conclusion of the hearing but before the pronouncement of the decision, as per Order XXII, rule 6 CPC. ... Finding of the Court: The court found that the appeal cannot be said to have abated on account of the death of a party ... No abatement by reason of death after hearing - Notwithstanding anything contained in the foregoing ru....
2019 0 Supreme(HP) 589 • India - Himachal Pradesh
SANDEEP SHARMA
either party between the conclusion of the hearing and the pronouncing of the judgment. ... , after the conclusion of the hearing but before the pronouncement of the decision. ... Issues: The main issue was whether the appeal abated due to the death of a party before the pronouncement of the decision. ... No abatement by reason of death after hearing- Notwithstanding anything contained in the foregoing rules, whether the cause of a....
2013 0 Supreme(Kar) 905 • India - Karnataka
ASHOK B.HINCHIGERI
of either party after the conclusion of hearing and before the pronouncement of the judgment. ... dismissed by Trial Court - Pending appeal against, appellant died when the arguments were in progress - appellant died before the conclusion ... Hinchigeri, J] Abatement of appeal - Held, As per the provisions of Order 22 Rule 6 of CPC, there is no abatement by reason of the death ... As per these provisions, there is no abatement by reason of the death of either party af....
1997 0 Supreme(Guj) 682 • India - Gujarat
D.G.KARIA
The said rule 6, inter alia provides that no abatement by reason of the death of either party between the conclusion of the hearing ... case, there is no question of abatement and the deceased Chandubhai Chhotabhai Patel did not die during the interregnum period of hearing ... of a party. ... The said rule 6, inter alia provides that no abatement by reason of the death of either party between the conclusion of the hearing#....
2011 0 Supreme(All) 1262 • India - Allahabad
S.U.KHAN, SUDHIR AGARWAL, V.K.DIXIT
conclusion of hearing but before date of judgment—No information about it was brought to notice of Court—Now at stage of preparation ... [Paras 43 to 45] ... (F) Practice and Procedure—Death of party after ... cannot direct any change by way of substitution because it requires verification of facts—Court can only direct that after name of party ... With reference to objections contained in paras 2 and 6 of the application, since the conclusion of Sudhir Agarwal, J. is not to be made pa....
1994 0 Supreme(Raj) 602 • India - Rajasthan
M.C.JAIN
not void, even though his legal representatives were not brought on record after his death. ... VEHICLES ACT, 1939 - SECTION 95(2)(A) - INSURANCE COMPANY'S LIABILITY - EXTENT OF LIABILITY - MODIFICATION OF AWARDS - DRIVER'S DEATH ... The court also held that the awards passed against the deceased driver were not void, as he was not a necessary party to the claim ... Rule 6 of this Order enshrines that there shall be no abatement of a suit by reason of the death of either party between conclusi....
2015 0 Supreme(HP) 1063 • India - Himachal Pradesh
P.S.RANA
if the death took place after the conclusion of the hearing and before the pronouncement of the judgment. ... of the award holder will not affect the execution proceedings if the death took place after the conclusion of the hearing and before ... Finding of the Court: The court held that if Anil Kumar had died between the conclusion of the hearing and the pronouncement ... Court is of the opinion that award would be executed in accordance with law ....
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