JABBAR SINGH Vs. LAXMI DEVI

JUDGEMENT

(1.) An application under Order XXII Rule 10A of the Code of Civil Procedure has been preferred on behalf of respondent No.1 with an information that respondent No.1-Laxmi Devi has expired on 20/8/2022. A copy of the said application had been served on learned counsel for the appellants on 29/11/2022.

(2.) Learned counsel for the respondent No.1 submitted that despite the information of the death of respondent No.1 having been given to learned counsel for the appellant way back in the month of November, 2022, till date no application for substitution of legal representatives of the said respondent has been preferred by the appellant and therefore, the appeal stands abated against respondent No.1.

(3.) Learned counsel for the appellants submitted that as per Order XXII Rule 10A, CPC, on an information of death of any of the parties been given, the same has to be taken on record by the Court and then only the limitation for substitution of legal representatives of the said party would commence. He therefore, submitted that the appeal would not stand abated against the (2 of 5) [CFA-249/2009] deceased respondent No.1 and he be granted time to substitute the legal representatives of the said deceased respondent. Counsel further submitted that the prayer of the respondent in application under Order XXII Rule 10A, CPC also is only to take the information on record and therefore too, the limitation to substitute the legal representatives would commence from the date such information is taken on record. In support of his submission, he relied upon the judgment passed in the case of Mewar Kalal Nyati Sangh Vs. Jaivi and Ors.; AIR 1999 Raj 148. Order XXII Rule 4(1), CPC provides as under: