ANITA ANANT PATIL Vs. MALINI ANANT PATIL

JUDGEMENT

(1.) Pending appeal, the sole appellant died on 9th July, 2017. An application was filed to bring the legal representatives of the appellant on record. This application is opposed by the respondents.

(2.) The question is, Whether, after the death of the appellant, Anita Anant Patil, the right to sue survives or not ?

(3.) In terms of the provisions of Order 22 Rule 3 Civil Procedure Code, where one of two or more plaintiffs dies and the right to sue survives, the Court on an application made in that behalf shall cause the legal representative of the deceased plaintiff to be made a party and shall proceed with the suit (emphasis supplied).