VidhiSangh

Supreme Court of India · 11/02/2025

OM PRAKASH GUPTA ALIAS LALLOOWA (NOW DECEASED) & ORS. versus SATISH CHANDRA (NOW DECEASED)

[2025] 2 S.C.R. 937 · 2025 INSC 183

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Summary

Two second appeals by a defendant against specific performance decrees, held abated by the High Court, were restored. In the first, the deceased respondent's heirs had themselves applied for substitution, so the appellant's heirs needed no separate application. In the second, a passing mention of the plaintiff's death in an affidavit filed for another purpose was not compliance with Order XXII Rule 10-A CPC. A prayer for substitution may be read as including a prayer to set aside abatement.

Issues

  1. Whether an appeal abates for want of substitution when the heirs of the deceased respondent have themselves applied to be substituted, or whether the appellant must file a separate application.
  2. Whether an application for substitution without an express prayer to set aside abatement can support restoration of an abated appeal.
  3. Whether a statement in an affidavit, filed for another purpose, that the deponent is a son of the deceased respondent amounts to intimation of death under Order XXII Rule 10-A CPC so as to fix the appellant with knowledge.
  4. What is the proper sequence of applications for substitution, setting aside abatement and condonation of delay.

Provisions considered

Held

Result

Both appeals allowed. In the first, the heirs' 1997 substitution application allowed, the 2007 order holding the second appeal abated set aside and the appeal restored. In the second, the impugned orders and the abatement set aside and substitution granted. The High Court was requested to decide both second appeals on priority, preferably within six months; no costs.

Judgment PDF: Supreme Court of India, [2025] 2 S.C.R. 937.