Final decree application
mahesan
(Querist) 30 July 2013
This query is : Resolved
Preliminary decree passed in the year 2007, final decree application filed in the year of 2008, one of the respondent died in the year of 2009. Final decree proceedings abated or not. how can implead the deceased respondent lrs under which provision?
Advocate M.Bhadra
(Expert) 30 July 2013
The suit would not abate as a whole, and since the plaintiff has brought on record within time the legal representatives of respondent under Order XXII, Rule 10(A), of the Civil Procedure Code, the suit may be abated as against died respondent.Otherwise if any attempt would not take within specific time then suit may be abated as a whole.
A judgment :--
N THE SUPREME COURT OF INDIA
Civil Appeal No. 1259 of 2009 (Arising out of (SLP) No. 10347 of 2007)
Decided On: 25.02.2009
Appellants: T. Gnanavel
Vs.
Respondent: T.S. Kanagaraj and Anr.
Hon'ble Judges: Tarun Chatterjee and Harjit Singh Bedi, JJ
There is another submission that needs to be considered at this stage. The learned Counsel
appearing on behalf of the appellant had contended that the respondents were duty bound under the
provisions of Order XXII Rule 10 (A) of the CPC to intimate the knowledge of the death of the defendant
to the court as well as to the appellant, which they had failed to do and therefore, the trial court was
correct in law to grant exemption to the appellant from bringing on record the heirs and legal
representatives of the defendant after the decree was passed. As had already been mentioned above, t
Raj Kumar Makkad
(Expert) 30 July 2013
Application can be moved at any stage to implead the legal heirs of the deceased party to the suit by any party.
