JALEEL AHMED Vs. AFZAL HUSSAIN

JUDGEMENT

(1.) On 16.04.2006, an application was made by the respondent's son under 22, Rule 10A , CPC mentioning therein on the affidavit that sole respondent-Afzal Hussain died on 05-08-2005.

(2.) Today, we are in 2012 and to be more precise, 31.08.2012. From 16.04.2006 till 31.08.2012, the appellant did not make any application for substitution of L.Rs. of the respondent, who died on 05.08.2005.

(3.) The law on this issue is too well settled. If on account of death of a party to the suit or appeal, as the case may be, no application is made to bring his L.Rs. on record within 90 days from the date of death, then, automatically on expiry of 90 days, the suit/appeal, as the case may be abates. In fact, lis comes to art end the moment any party dies. In case, if any application is made beyond the period of 90 days, then, the appellant(s) has to make an application for condonation of delay in bringing the L.Rs. on record and for setting aside of the abatement as contemplated under Order 22. Rule 9 ibid. Depending upon the case so made out, delay can be condoned and abatement can be set-aside by permitting the LRs. to be brought on record so that lis can continue.