Surinder Nath v. Continental Constructions Ltd.
Abatement of appeal – Death of sole appellant
Case brief
What is this about?
Delhi High Court order dated 21.02.2025 in RFA 348/2011, Surinder Nath v. Continental Constructions Ltd., Dinesh Kumar Sharma, J.: appeal abated on death of sole appellant; no application under Order XXII Rule 3(2) read with Order XXII Rule 11 CPC was moved within the 90-day period to bring legal heirs on record; appeal declared abated. Keywords: abatement of appeal, death of appellant, legal heirs, Order XXII Rule 3(2), Order XXII Rule 11 CPC, RFA.
What did the court decide?
Under Order XXII Rule 3(2) read with Order XXII Rule 11 CPC, if upon the death of the plaintiff/appellant an application is not made within the time limit of 90 days from the death, the suit/appeal shall stand abated so far as the deceased plaintiff/appellant is concerned. ¶11