abatement
barun deka
(Querist) 09 March 2011
This query is : Open
Dear friends,
there was a second appeal which was disposed off long back..... later on some dispute arose regarding the reliefs and ultimately the supreme court directed us (appellants) to file a petition under Section 152, cpc for amendment of judgment & decree so as to specify the exact reliefs.
now, during the pendency of the petition under S 152 of cpc, two petitioners/appellants died. Now do we need substitution???
Because under order 22 Rule 6, there can be no abatement between the time of final hearing and final judgment.
Now in a petition under S152 neither side can re-argue the matter on merit, therefore final hearing has already concluded and after disposal of the said petition a fresh/modified judgment would be passed. therefore would it not fall under the purview of Order 22 Rule 6?
So if there is no abatement, do we need substitution????
i have done a lot of research but could not find a concrete/definite answer.
