In a recent legal case, the High Court’s decision to dismiss an appeal solely on the grounds of abatement, without delving into the legal analysis, has raised concerns about procedural fairness. The Court’s error in not thoroughly assessing the merits of the case before making a decision has led to the appeal being remanded for fresh consideration. This highlights the importance of a comprehensive review of all aspects of a case before reaching a conclusion.
Facts
- The Second Appeal was dismissed by the High Court due to the death of one of the respondents.
- An application to set aside the abatement was also rejected by the High Court.
- The appeal abated because the legal representatives of the deceased second plaintiff, who was a respondent, were not brought on record.
- Defendant Nos. 1 and 2, the appellants in the Second Appeal, have filed Civil Appeals challenging the dismissal.
Also Read: Court’s Jurisdiction in Re-appraising Arbitrator’s Findings
Analysis
- In the application of Order XXII to appeals, the word “plaintiff” includes an appellant, “defendant” a respondent, and “suit” an appeal.
- Replacing “defendant” with “respondent” in Order XXII Rule 2 clarifies that the second appeal does not abate upon the death of one of the plaintiffs.
- Order XXII Rule 11 states that the cause of action survives against the surviving successful plaintiff.
- The High Court made an error in assuming that the Second Appeal abated due to the death of the second plaintiff.
- Where there are more defendants than one and one of them dies, the suit shall proceed against the surviving defendant.
- Abatement occurs only when the cause of action does not survive upon or against the surviving party.
- Order XXII Rule 2 of the Civil Procedure Code details the procedure in case of the death of one of several plaintiffs or defendants with the right to sue surviving.
- The dismissal of the Second Appeal by the High Court on the grounds of abatement without considering the merits of the case is not in line with the law.
- It is essential for the courts to assess all aspects of a case before making a decision on its disposal.
- The High Court’s failure to delve into the merits of the case before dismissing it raises concerns about procedural fairness.
Also Read: Contrary Directions in Issuance of Letter of Intent
Decision
- Appeals allowed
- Dismissal of the application found to be contrary to law
- Judgment and decree of the High Court set aside
- Second Appeal remanded back to the High Court for fresh consideration
- High Court requested to expedite the process and decide the appeals within six months
Also Read: Application for Stay in Civil Suit Rejected: Court’s Legal Analysis
Case Title: SAKHARAM SINCE DECEASED THROUGH L.RS. Vs. KISHANRAO (2022 INSC 1312)
Case Number: C.A. No.-005067-005068 / 2022
