Published on: October 15, 2023 at 22:00 IST
Court: Supreme Court of India
Citation: DDA V. Diwan Chand 2022)
Honourable Supreme Court of India has held that where there are more than one plaintiffs, the entire suit cannot be held to be abated on the death of one of the plaintiffs. It is held that the Order 22 of the Code of Civil Procedure, 1908 has solution for vide array of scenarios and situation such as death, marriage, and insolvency of parties in a civil litigation.
36. Thus, as observed and held by the Court:
(i) The death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives;
(ii) If there are more plaintiffs or defendants than one, and any of them dies, and where the right to sue survives to the surviving plaintiff or plaintiffs alone, or against the surviving defendant or defendants alone, the Court shall cause an entry to that effect to be made on the record, and the suit shall proceed at the instance of the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants (Order 22 Rule 2);
(iii) where one of two or more defendants dies and the right to sue does not survive against the surviving defendant or defendants alone, or a sole defendant or sole surviving defendant dies and the right to sue survives, the Court, on an application made in that behalf, shall cause the legal representative of the deceased defendant to be made a party and shall proceed with the suit. Where within the time limited by law no application is made under sub-rule 1 of Order 22 Rule 4, the suit shall abate as against the deceased defendant;
(iv) the provision of Order 22 shall also apply to the appeal proceedings also.
Drafted By Abhijit Mishra