Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | abatement of the suit |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Code of Civil Procedure, 1908 - Or.22, r.4(4) - Suit for declaration, partition and injunction - Death of a non- contesting defendant - Failure of the plaintiffs-respondents to bring on record the LRs of such defendant - Held: Did not result in abatement of the suit - Requirement of substitution of the LRs of such non-contesting defendant could be legitimately dispensed with by the Court by virtue of the power of exemption abundantly available to it under Or.22, r.4(4).The question that arose for determination in the present appeal was whether the suit filed by the plaintiffs-respondents seeking a decree for declaration, partition and injunction against the appellants abated on the failure of the plaintiffs to file an application for substitution of the Legal Representatives of a deceased defendant 'V'. The trial Court, when approached by the plaintiff for deletion of the name of the deceased defendant 'V' and setting aside of the abatement, held that the suit had abated in toto and accordingly dismissed the same. In an appeal filed by the plaintiffs against that order, the First Appellate Court held that the trial Court had not properly considered the issue in the light of the nature of the averments made in the plaint and the relief sought by the plaintiff. The Court accordingly set aside the judgment and order passed by the trial Court with the observation that the demise of 'V' and failure of the plaintiff to bring his legal representatives on record did not affect the maintainability of the suit. The High Court affirmed that order, and hence the instant appeal. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2013 INSC 113 |
Petitioner | Mata Prasad Mathur (dead) By Lrs. |
Respondent | Jwala Prasad Mathur & Ors. |
SCR | [2013] 1 S.C.R. 1106 |
Judgement Date | 2013-02-20 |
Case Number | 1457 |
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