AI Overview...
-
Suit Abatement Due to Death of Sole Defendant - The general principle is that a suit abates if the sole defendant dies before the suit is instituted, unless legal representatives are substituted timely. Courts have consistently held that failure to substitute the deceased defendant's legal representatives results in abatement of the suit. BALKISHAN CHATURVEDI VS RAM SINGH - Chhattisgarh, Gautam Bhawan Nirman Sahkari Samiti Ltd. VS Ramnik Kumari - Rajasthan
-
Suit Abatement When Defendant Dies and No Substitution - When a defendant dies and no heir or legal representative is substituted within the prescribed time, the suit abates. Courts have rejected applications for transposing legal representatives after the suit has abated, leading to dismissal or rejection of such applications. Minati Behera VS Namita Behera - Orissa, G. Krishnaji Rao VS Boya Karrennagari Ramaiah - Andhra Pradesh, Roop Narain son of Shri Ram Pal VS The Board of Revenue, Rajasthan, Ajmer - Rajasthan, JASWANT SINGH VS GANGI DEVI - Himachal Pradesh
-
Effect of Abatement on Appeal and Proceedings - If a party dies and no legal representatives are brought on record, the entire appeal or suit is deemed to have abated. This applies to joint suits and cases where the plaintiff or defendant's death leaves no substitution. Courts have dismissed appeals or applications based on late substitution or non-substitution, emphasizing the importance of timely legal representation. Tara Devi VS Manohar Singh - Patna, JASWANT SINGH VS GANGI DEVI - Himachal Pradesh
-
Legal Proceedings Against Deceased's Estate - Under the Indian Contract Act and CPC, proceedings against a deceased principal debtor or defendant can only proceed against legal representatives if they are substituted within time. If not, the suit or proceedings abate, and no further action can be taken against the deceased's estate without substitution. SYNDICATE BANK, MYSORE ROAD BRANCH VS A. P. MANJUNATH - Karnataka, Krashnabai Parashram Vaidya VS Shaikh Yusuf Hasan Khatik - Bombay
-
Main Point and Conclusion - The consistent legal stance across cases is that suits abate upon the death of the sole defendant if legal representatives are not substituted in time. Rejection of applications for substitution after abatement is common, and courts favor strict adherence to procedural timeliness to prevent indefinite continuation of suits. Therefore, suits should be rejected or treated as abated if proper substitution is not made within the statutory period. BALKISHAN CHATURVEDI VS RAM SINGH - Chhattisgarh, Gautam Bhawan Nirman Sahkari Samiti Ltd. VS Ramnik Kumari - Rajasthan, Minati Behera VS Namita Behera - Orissa, Tara Devi VS Manohar Singh - Patna
Summary:
A suit against a main defendant abates upon their death if legal representatives are not substituted within the statutory period. Courts have consistently rejected late applications for substitution, leading to abatement and dismissal of suits or appeals. Proper procedural compliance is essential to prevent suits from being rejected on grounds of abatement.
Search Results for "Suit is Abated against Main Defendant Suit should be Rejected"
2004 0 Supreme(Chh) 188 • India - Chhattisgarh
P.K.JAISWAL
Issues: The main issue was whether the suit abated due to the death of the sole defendant before the institution of the suit ... Abatement - Civil Procedure - Suit abates if sole defendant dies before institution of the suit. ... Finding of the Court: The trial Court rejected the application, stating that the legal representatives had already ... This revision application is filed against order dated 27-3-2004. ....
2019 0 Supreme(Ori) 97 • India - Orissa
A.K.RATH
Issues: The main issue was whether defendant no.2 could be transposed as plaintiff after the suit had abated due to the plaintiff's ... After the plaintiff's death, defendant no.2 filed an application to be transposed as plaintiff, which was rejected by the trial court ... has abated. ... On 16.5.2017, defendant no.2 filed an application under Order 1 Rule 10(2) CPC for transposition as plaintiff. Defendant no.1 filed an objection.....
2024 0 Supreme(Raj) 274 • India - Rajasthan
ANOOP KUMAR DHAND
Soni's name from the suit, but the trial court rejected the entire suit, treating it as abated due to the failure to substitute Mst ... Issues: The main issues were whether the entire suit should be abated due to the death of one defendant and ... whether the suit should be dismissed as abated after the death of a defendant who remained ex-parte and did not submit a written ... When the petitione....
1988 0 Supreme(AP) 503 • India - Andhra Pradesh
M.N.RAO
and as they failed to do so the suit against D13 abated. ... The order passed by the learned judge on 18-12-74 holding that the suit against D-13 abated, stands. ... CIVIL PROCEDURE CODE - ORDER 22 RULE 4 - ABATEMENT OF SUIT - JOINT AND INDIVISIBLE RELIEF - DEATH OF ONE DEFENDANT - WHETHER SUIT ... By an order dated 18-12-74, the learned Subordinate Judge held that the plaintiffs ought to have brought on record the son and husband of the 13th defendant#HL_EN....
• India - Madhya Pradesh
SATHAYE
The respondents contended that the application was barred by time and that the whole appeal abated. ... Whether the appeal abated as a whole due to the failure to file the application within time? Ratio Decidendi: 1. ... Order XLI, Rule 4 of the Code of Civil Procedure provides that where there are more plaintiffs or more defendants than one in a suit ... During the trial of the suit the plaintiffs applied for appointment of a Receiver of the property of the partnership. The learned District Judge, on 8....
1982 0 Supreme(Pat) 112 • India - Patna
B.P.JHA
defendants, and when a defendant died and no heir was substituted, the whole appeal abated. ... The plaintiffs brought the suit for a declaration and confirmation of possession of a plot, which was rejected by the courts below ... Ratio Decidendi: The appeal abated as the plaintiffs had demanded a joint decree against all the defendants, and when a defendant ... In a case of this type if a defendant or respondent dies and no heir i....
1998 0 Supreme(Kar) 740 • India - Karnataka
M.P.CHINNAPPA
the suit-however, creditor can proceed against legal representatives of deceased u/s 145 of Contract Act, 1872. ... Indian Contract Act, 1872-Sections 128, 137 and 145, Code of Civil Procedure, 1908-Order, 1 Rule 10(2)-suit against principal debtor ... and surety for realisation of debt-suit can proceed only against surety because principal debtor has died before institution of ... In this case also, the petitioner had made an application under order 22, Rule 4 of the CPC and that application was rejected. However, the f....
2010 0 Supreme(Bom) 1562 • India - Bombay
S.S.SHINDE
suit gets abated. ... gets abated. ... the suit is joint family property. ... Therefore, the suit against her stood abated /disposed. ... ... Though there is a composite prayer in the suit, when the legal issue was raised by the defendants that in view of death of one of the defendants, the whole suit for specific performance is abated since the legal representatives of the deceased def....
1998 0 Supreme(HP) 66 • India - Himachal Pradesh
SURINDER SARUP
The main appeal was dismissed as having abated in toto. ... Final Decision: The application for bringing on record the legal representatives of the deceased respondent was rejected. ... The trial court decreed the suit in their favor. The defendants-respondents appealed. ... Consequently, the application for bringing on record the legal representatives of the Lachhman deceased respondent No. 2 is rejected. ... 18. In the result, the main appeal i.e. No. 142/93 is al....
2003 0 Supreme(Raj) 764 • India - Rajasthan
PRAKASH TATIA
Issues: The main issue was whether the suit had abated due to the death of a defendant and the plaintiff's failure to bring ... Final Decision: The court upheld the trial Court's decision that the suit had abated due to the death of defendant No. 1 and ... Finding of the Court: The court found that the suit had abated due to the death of defendant No. 1, and that the plaintiff ... Such an appeal is liable to be....
Filter by Legal Phrase
