'Appeal Fully Abates If LRs Of Deceased Party In Joint Decree Not Substituted', Supreme Court Summarises Law On Suit Abatement

Yash Mittal

19 July 2025 9:55 AM IST

  • Appeal Fully Abates If LRs Of Deceased Party In Joint Decree Not Substituted, Supreme Court Summarises Law On Suit Abatement

    In a notable ruling delivered on Friday (July 18), the Supreme Court held that when a joint and indivisible 'decree' is passed involving multiple plaintiffs or defendants, the entire appeal will abate as per Order XII Rule 3 of Code of Civil Procedure (“CPC”) if the legal representatives of any deceased party are not substituted in time. The Court reasoned that failure to bring the...

    Yash Mittal

    Yash Mittal

    Yash Mittal is a Correspondent with LiveLaw, covering the Supreme Court of India

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