2010 AIR SCW 5071 ::(2010) 2 CLR 579 (SC) ::(2011) 1 WLC(SC)CVL 690 ::(2010) 1 CivilCourtC 70 ::(2010) 4 CivilCourtC 316 ::(2010) 3 RecCivR 944 ::(2010) 7 Scale 750 ::(2010) 3 CurCC 374 ::(2010) 4 Cal HN 167 ::(2010) 5 All WC 4353 ::(2010) 4 Mad LW 951 ::(2009) 4 Pun LR 451 ::(2011) 1 Raj LW 499 ::(2011) 1 Pat LJR 91

Supreme Court Of India

(From : Himachal Pradesh)*

Hon'ble Judge(s): P. Sathasivam, B. S. Chauhan , JJ

(A) Civil P.C. (5 of 1908) , O.22 R.4(4)— Abatement of suit- Death of defendant not contesting suit - Non-substitution of L. Rs. - Suit would stand abated against deceased defendant alone - Only if plaintiff files application before Court pronounces judgment and that is allowed. (Para 13) (B) Civil P.C. (5 of 1908) , O.22 R.3— Abatement of suit/appeal - Death of defendant/respondent - Non-substitution - Suit/appeal abates as whole if deceased defendant does not have independent and distinct right of his own - Suit for declaration of co-ownership right in joint property - Death of one defendant - Suit/appeal would abate as whole. Whether non-substitution of LRs. of the defendants/respondents would abate the suit appeal in toto or only qua the deceased defendants/respondents, depend upon the facts and circumstances of an individual ease. Where each one of the parties has an independent and distinct right of his own, not inter-dependent upon one or the other, nor the parties have conflicting interest inter se, the appeal may abate only qua the deceased defendant respondent. However, in case, there is a possibility that the Court may pass a decree contradictory to the decree in favour of the deceased party, the appeal would abate in toto for the simple ....