RIKHU DEV, CHELA BAWA HARJUG DASS versus SOM DASS (DECEASED) THROUGH HIS CHELA SHIAMDASS

RIKHU DEV, CHELA BAWA HARJUG DASS versus SOM DASS (DECEASED) THROUGH HIS CHELA SHIAMDASS

Order 22 Rule 10 of the Code of Civil Procedure applies when there is devolution of interest in a representative capacity, and the appeal does not abate on the death of the defendant when a successor is elected, even if impleaded late; the trial of the suit or continuation of the appeal can proceed against the person on whom the interest devolved, with leave of the court.

Parties
Appellant: Rikhu Dev, Chela Bawa Harjug Dass; Respondent: Som Dass (deceased) through Chela Shiam Dass
Jurisdiction
India
Judgment Date
28 August 1975
Procedural Posture
Civil Appeal / Appeal by Special Leave Against Decree of the Punjab and Haryana High Court
Outcome
Appeal allowed
Legal Topics
Devolution of Interest, Representative Litigation, Abatement of Appeal
Civil Procedure Devolution of Interest Representative Litigation Abatement of Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Rikhu Dev, Chela Bawa Harjug Dass

Appellant

Som Dass (deceased) through Chela Shiam Dass

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave Against Decree of the Punjab and Haryana High Court

Legal Issues

  1. 1 Whether an appeal abates on the death of a party sued in a representative capacity when a successor is elected and not impleaded within the prescribed period
  2. 2 Whether Order 22 Rule 10 or Order 22 Rules 3 and 4 of the Code of Civil Procedure apply to devolution of interest upon the death of a representative party

Ratio Decidendi

Order 22 Rule 10 of the Code of Civil Procedure applies when there is devolution of interest in a representative capacity, and the appeal does not abate on the death of the defendant when a successor is elected, even if impleaded late; the trial of the suit or continuation of the appeal can proceed against the person on whom the interest devolved, with leave of the court.

Court Disposition

Appeal allowed

Orders

  • The decree of the High Court is reversed.
  • The High Court is directed to dispose of the appeal on merits.