MATA PRASAD MATHUR (DEAD) BY LRS. versus JWALA PRASAD MATHUR & ORS.

MATA PRASAD MATHUR (DEAD) BY LRS. versus JWALA PRASAD MATHUR & ORS.

Failure to substitute legal representatives of a deceased non-contesting defendant does not result in abatement of the suit; trial and appellate courts can and ought to exercise the power of exemption under Order XXII Rule 4(4) CPC.

Source-derived case information.

Parties
Appellant: Mata Prasad Mathur (Dead) by LRS.; Respondent: Jwala Prasad Mathur & Ors.
Jurisdiction
India
Judgment Date
20 February 2013
Procedural Posture
Civil Appeal / Final Judgment at Supreme Court
Outcome
Appeal dismissed
Legal Topics
Abatement of Suit, Substitution of Legal Representatives, Exemption Under Order 22 Rule 4(4), Partition, Declaration, Injunction
Civil Procedure Abatement of Suit Substitution of Legal Representatives Exemption Under Order 22 Rule 4(4) Partition Declaration Injunction

Source-derived case record

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Parties

Mata Prasad Mathur (Dead) by LRS.

Appellant

Jwala Prasad Mathur & Ors.

Respondent

Procedural Posture

Civil Appeal / Final Judgment at Supreme Court

Legal Issues

  1. 1 Whether failure to substitute legal representatives of a deceased non-contesting defendant leads to abatement of the suit

Ratio Decidendi

Failure to substitute legal representatives of a deceased non-contesting defendant does not result in abatement of the suit; trial and appellate courts can and ought to exercise the power of exemption under Order XXII Rule 4(4) CPC.

Court Disposition

Appeal dismissed

Orders

  • The trial court shall proceed to dispose of the suit on merits expeditiously.
  • No costs awarded.