Suits will not be abated for not impleading all the Legal Representatives of the deceased defendant

Last Updated on April 1, 2023 by Administrator

It has been held by the supreme court that the abatement of a suit won’t take place merely for not implementing all legal representatives of the deceased defendant.  Suits can be said to be abated if the death of one of the defendants when the estate was fully and substantially represented in the suit jointly.

The bench was dealing with the issue in a civil appeal, as to whether the suit became abated on the point of the joinder being not filed by all the legal representatives of a deceased defendant. It was noted by the bench that the first appellant in the case as well as the second appellant who is no more and their father were all arrayed in the suit. An appeal raised the contention that the suit is bad for the nonjoinder of the parties from whom the defendants claimed the title.

The appellants contended that the suit must be held as abated against the defendants owing to their right being non-substituted. Precedents of Bhurey Khan v. Yaseen Khan and State of Andhra Pradesh through the principal secretary and ors v. Pratap Kiran

It was finally observed by the court that it could not find any reason to deny or disagree with the findings of the lower courts, which rejected the contention that the suit should have been abated. 

Written by: Shianjany Pradhan