Smt. Shanta @ Chanchal vs Raja Ram And Ors.
1998 Latest Caselaw 881 Del

JUDGMENT

Mukul Mudgal, J.

1. The matter was called out. None appears for any of the parties. Since the revision petition is of the year 1983, it is being taken up today. By the impugned order dated 11.11.1982 the learned Sub-Judge ordered that the suit shall stand abated qua the deceased defendant Sunder Singh. 1 am not satisfied that after the 1976 amendment of the Code of Civil Procedure Code, the impugned order could have been passed particularly when the amended Order 22, Rule 10A, CPC casts an obligation on the Lawyer of a deceased party to intimate the death of the party he represents to the Court. The said Order 22, Rule 10A reads as follows :

"Wherever a Pleader appearing for party to the suit comes to know of the death of that party, he shall inform the Court about it, and Court shall thereupon give notice of such death to the other party, and, for this purpose, the contract between the Pleader and the deceased party shall be deemed to subsist."

2. There is no record of such steps having been taken in the present case. The impugned order is thus not sustainable and is accordingly set aside. Accordingly, the revision petition is allowed and the impugned order dated 11.11.1982 in Suit No. 468/74 passed by the learned Sub Judge, Delhi, is set aside. The matter is sent back to the Sub-Judge. The matter shall now be disposed of in accordance with law. There shall be no order as to costs.