Application for bringing on record the LRs but it doesn't integrate what time ago editor text editor dashboard of a deceased defendant, even if filed after abatement of the suit, can be treated as an application for setting aside abatement

Court sets aside trial and appellate court orders, allowing legal heirs to be brought on record after abatement.

In a significant ruling, the Jammu and Kashmir High Court has overturned previous orders from the trial and appellate courts, reviving a civil suit that had abated due to procedural lapses. The judgment, delivered by Justice Sanjay Dhar, emphasizes a liberal interpretation of procedural laws to advance substantial justice, especially concerning abatement and bringing legal heirs on record.

The case, Baldeshwar Dass & Ors v. Koushalya Devi & Ors, centered around a suit filed by the petitioners seeking declarations regarding the joint proprietary rights of certain lands and challenging the validity of multiple sale deeds executed by deceased defendant No. 4. The trial court had dismissed the suit against defendants No. 4, 6, 9, and 12 due to abatement after the death of defendant No. 4, citing the absence of a specific application to set aside the abatement.

Justice Dhar addressed the crucial issue of whether applications to bring legal representatives on record, filed after abatement, can be treated as applications for setting aside the abatement. Citing precedents from both Jammu and Kashmir High Court and the Supreme Court, the judgment affirms that such applications, coupled with requests for condonation of delay, should be construed liberally as efforts to set aside abatement.

The court criticized the technical and pedantic approach of the lower courts, highlighting that procedural provisions are intended to facilitate justice rather than impose penalties. It also stressed the duty of pleaders to inform the court about the death of a party they represent, as mandated by Order XXII Rule 10A of the Code of Civil Procedure. This ruling underscores the importance of justice-oriented interpretations to prevent denial of merits-based litigation.

The High Court's decision not only sets aside the orders of the trial and appellate courts but also allows the petitioners to amend their memo of parties and proceed with the case, ensuring that the legal heirs of the deceased defendant are duly represented. This judgment is a reminder of the judiciary's role in ensuring procedural laws are applied to promote fairness and justice.

Bottom Line:

Application for bringing on record the legal representatives of a deceased defendant, even if filed after abatement of the suit, can be treated as an application for setting aside abatement to advance substantial justice. Pleader of a party is duty-bound to inform the court about the death of a party they represent.

Statutory provision(s): Order XXII Rule 9, Order XXII Rule 10A, Code of Civil Procedure, 1908

Baldeshwar Dass v. Koushalya Devi, (Jammu And Kashmir) : Law Finder Doc id # 2784303