'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...

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