Authority: High Court at Calcutta, Civil Revisional Jurisdiction Appellate Side
Order Date: 17.09.2026
Case Overview
- Parties: Plaintiff – Samanti Sporting Club; Defendants – Sri Ramchandra Pal & Ors.
- Underlying Suit: Title Suit No.109 of 1992 pending before the Civil Judge (Junior Division), 1st Court at Howrah.
- Revision Application: CO 299 of 2020 filed by the plaintiff challenging Order No.180 dated 1 April 2019 of the trial court.
- Background: The plaintiff sought substitution of legal heirs for deceased defendants No.3 (died 1980), No.6, No.12 and No.14. The trial court had struck off deceased Defendant No.3 from the cause‑title and held that the suit had abated against the deceased parties due to lapse of the statutory period for substitution under Order XXII of the CPC.
- Trial Court Reasoning: The court stated that abatement operates automatically on expiry of the limitation period and that the plaintiff must first obtain a setting‑aside of abatement before any substitution application could succeed. It granted liberty to the plaintiff to file an application for setting aside abatement.
- Petitioner’s Submission: Counsel for the plaintiff argued that the defendants’ advocates had not complied with Order XXII Rule 10A of the CPC, which requires informing the court of the death of parties during pendency.
Final Outcome
- The revisional bench found no illegality in the trial court’s order directing the plaintiff to file an application for setting aside abatement.
- The bench directed the trial court to give the defendants an opportunity to comply with Order XXII Rule 10A of the CPC regarding the death notices.
- After such compliance, the plaintiff must file:
1. An application for substitution of the legal heirs of the deceased defendants;
2. An application for setting aside the abatement;
3. An application under Section 5 of the Limitation Act.
- The trial court is instructed to consider these applications, if filed, in accordance with law.
- With these modifications, the revision application CO 299 of 2020 is disposed of.
Topics: Civil Procedure, Substitution of Parties, Abatement