Civil Litigation
An appeal can abate entirely if a deceased party's heirs are not brought on record
What the Court held
In Suresh Chandra (Deceased) through LRs v. Parasram (Supreme Court of India, 18.07.2025; 2025 LiveLaw (SC) 728), the Court summarised the law on abatement and held that where a decree is joint and indivisible, the failure to substitute the legal representatives of a deceased party in time abates the entire appeal, not merely the part concerning that party. This follows from Order XXII of the Code of Civil Procedure.
Why it matters
Proceeding against the surviving parties alone, the Court reasoned, would risk conflicting or inconsistent decrees, which the law does not permit. For anyone running an appeal, the decision is a practical warning: when a party dies, bringing the legal heirs on record within time is not a formality, and overlooking it can sink the whole appeal.
This note is general information on the law as at the date shown, not legal advice on any specific matter. The law changes; for advice on your facts, please speak to the firm.
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