Disclaimer

By clicking, "I Accept" below, you accept and acknowledge the following:

The purpose of this website is to provide general information and insights about TLH, Advocates & Solicitors, and not to advertise or solicit work in any manner whatsoever.

Please note that as per the Bar Council of India Rules, advocates in India are prohibited from advertising or soliciting work in any form or manner. You acknowledge that you are visiting this website at your discretion and that there has been no solicitation, invitation, or inducement of any sort whatsoever from TLH, Advocates & Solicitors or any of its professionals in relation to this website.

The content available on this website does not constitute legal or other professional advice and should not be substituted for advice relevant to particular circumstances.

The access and use of this website does not establish any fiduciary or other relationship between you and TLH, Advocates & Solicitors or any of its advocates.

Please read the ‘Terms of Use’ and our ‘Privacy Policy’ before accessing this website.

Blog default background
Blog
Dispute Resolution

Clarity on Abatement and Substitution: A Fresh Judicial Perspective Under Order XXII CPC

Authors:
Soujanya Ramaswamy
March 30, 2025
5 min read
Share this post
Copied!

Introduction

The constant battle between procedural formality and substantive justice has been a long-standing issue in safeguarding a litigant’s rights to a fair hearing. The civil justice system of the nation has attempted to ensure efficient and merit-based resolution of disputes rather than ousting matters at the threshold over a technical error. The Apex Court in Om Prakash Gupta alias Lalloowa (Now Deceased) & Ors. v. Satish Chandra (Now Deceased) 2025 SCC OnLine SC 291 has further reinstated this principle thereby directing the judiciary to take a liberal stance while interpreting procedural requests.

Background

The decision of the Apex Court has come forth in a consolidated order under two connected civil appeals. The present appeals before the Hon’ble Supreme Court arose from orders dismissing appeals, passed by the Hon’ble UP High Court in two connected second appeals whereunder the parties to the appeals were the heirs to the original litigants in the suits filed for specific performance of contracts for sale. The order passed by the Hon’ble Supreme Court has shed light on the complexities surrounding procedural technicalities in the event of a death of any litigant. Further the Court has also clarified the position of law and its interpretation as under Order XXII of the Code of Civil Procedure, 1908 (“CPC”) in such circumstances. The Courts findings in this matter has set a precedent for the principles surrounding issues on abatement and substitution of parties under civil proceedings.

Findings

Order XXII of the CPC provides the procedure to ensure the continuation of civil proceedings despite the death of any party. In the event that any party dies during the pendency of any proceedings, an application ought to be moved to substitute the deceased party’s legal representatives. The limitation for moving such an application is ninety days from the date of death [1] . In the event that no specific application is filed for substitution of parties, the suit or appeal stands “automatically abated”. Further, such abatement can be set aside by filing an application to that effect within sixty days from the date of such abatement [2] .

In the present order the Hon’ble Supreme Court gave its findings on the interpretation of the law for
substitution and abatement of a suit or appeal, in case of death of a litigant.

a. Who shall file an application for substitution?

The Hon’ble Supreme Court held that under Order XXII Rule 4, there exists no mandate that such an application shall be filed by the Plaintiff or Appellant alone. Thus, the only requirement to avoid abatement of proceedings is for an application to be moved for substitution.

b. Implied prayer to set aside abatement

The Hon’ble Supreme Court while addressing this issue relied on the decision made in Mithailal Dalsangar Singh v. Annabai Devram Kini [3] . The Court while expanding on the principles laid down in Mithailal Dalsangar Singh held that a belated application for substitution of parties shall be deemed to have included a prayer for setting aside abatement despite the same not being explicitly prayed for in the application.

c. Order XXII Rule 10A

The Court further held that the limitation for such applications shall only commence against the surviving party once they have received a notice from the court regarding the death of a party. In this regard, the Court held that the pleader of the deceased litigant is duty bound to inform the courts in case of such deaths, prompting the court to duly notify the surviving litigant.

Inference

Against the backdrop this decision, principles governing abatement and substitution under Order XXII CPC have come to be comprehensively interpreted. The ruling highlights procedural agility essential for offsetting technicality against the overarching imperative of access to justice. By confirming that filing of substitution application is not mandatory in the name of the plaintiff or the appellant alone, and an implied request for setting aside abatement is acceptable, the Apex Court has also been progressive in its approach towards procedural equity. These guiding principles will prevent unnecessary procedural obstacles for litigants. This decision not only clarifies the operation of the rules of procedure but also ultimately strikes a balance between adhering to procedural norms and safeguarding substantive justice.

References

[1] Article 120 Limitation Act, 1963.

[2] Article 121 Limitation Act, 1963

[3] (2003) 10 SCC 691

No items found.
tatva legal, legal services , legal services hyderabad, legal services Telangana

Footnotes

Share this post
Copied!

Latest posts

Insolvency
October 14, 2025
The Treatment of Operational Creditors under the Insolvency and Bankruptcy Code, 2016: An Analysis of Recent Jurisprudence
Read more
Arrow Right
Dispute Resolution
October 13, 2025
Balancing (In)Equities – Revisiting Restoration of Restoration Applications under the CPC
Read more
Arrow Right
Insolvency
October 8, 2025
Concept Of An 'Aggrieved Person' Under Section 61 Of The IBC: A Settled Law?
Read more
Arrow Right
Real Estate
October 6, 2025
Alienation of Ancestral Property: Judicial Precedents
Read more
Arrow Right
General
October 1, 2025
Tatva Legal Hyderabad Rebrands as TLH, Advocates & Solicitors
Tatva Legal, Hyderabad has rebranded as TLH, Advocates & Solicitors
Read more
Arrow Right
Real Estate
October 1, 2025
Reliability on Registered Sale Deeds: Mahnoor Fatima Imran Case
Registration, though indispensable, does not by itself confer ownership: Supreme Court’s emphasis in Mahnoor Fatima Imran case
Read more
Arrow Right
View All Blogs
Arrow Right