Order XXII Rule 4 CPC – Appeal As A Whole Does Not Abate Merely Because LRs Of Some Deceased Respondents Were Not Brought On Record

Case: Delhi Development Authority vs Diwan Chand Anand

Coram: Justices MR Shah and BV Nagarathna

Case No.: CA 2397 of 2022

Court Observation: “While considering whether the suit/appeal has abated due to non­bringing the legal representatives of plaintiffs/defendants or not, the Court has to examine if the right to sue survives against the surviving respondents. Thereafter the Appellate Court has to consider the question whether non­bringing the legal representatives of some of the defendants, the appeal could have proceeded against the surviving respondents. Therefore, the Appellate Court has to consider the effect of abatement of the appeal against each of the respondents in case of multiple respondents.”

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Keywords

Order XXII Rule 4 CPC, Deceased Respondents