Order XXII Rule 4 CPC | No Separate Prayer To Set Aside Abatement Needed If Application To Substitute Legal Heirs Is Filed: Supreme Court

Yash Mittal

12 Feb 2025 4:37 PM IST

  • Order XXII Rule 4 CPC | No Separate Prayer To Set Aside Abatement Needed If Application To Substitute Legal Heirs Is Filed: Supreme Court

    The Supreme Court held that if an appeal abates due to the failure to substitute legal heirs, filing a substitution application under Order XXII Rule 4 CPC eliminates the need for a separate application to set aside the abatement. “When an application praying for substitution had been made, then, even assuming that it does not have an explicit prayer for setting aside the abatement,...

    Yash Mittal

    Yash Mittal

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

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