District Latur v. District Parbhani & Ors.

... Mr. V.D. Gunale, Advocate for applicant. ... CORAM: S.S. SHINDE, J. DATE : 30TH JANUARY, 2012 PER COURT : . Heard learned Counsel appearing for the applicant. Learned Counsel for the applicant submits that, respondent No. 7 died during the pendency of the appeal before the lower appellate Court. However, the applicant was not aware about 2 ca12125.10 the death of respondent No.7 and as a result, he could not bring legal heirs of deceased respondent No. 7 on record. He further submits that, the legal heirs of deceased respondent No. 7 are served. It is further submitted that, the applicant came to know on 09-06-2010 that, notices issued to respondent Nos. 3 and 7 are returned unserved as they are reported to be dead and therefore, immediately he took steps for bringing legal heirs of deceased respondent No.7 on record. Learned Counsel for the applicant invited my attention to the contents of the application and submitted that, this application may be allowed.

It appears that, respondent No. 7 as stated by the applicant himself is died during the pendency of the appeal before the lower appellate Court. It further reveals that, the Pleader appearing for deceased respondent No.7 has not placed anything on record informing the concerned Court that, respondent No.7 died during the pendency of the appeal before the lower appellate 3 ca12125.10 Court. The provisions of Order 22 Rule 10A of the Code of Civil Procedure reads thus : "Order 22 Rule 10-A. Duty of pleader to communicate to Court death of a party.- Whenever a pleader appearing for a party to the suit comes to know of the death of that party, he shall inform the Court about it, and the 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. "

Therefore, it was the duty of the Pleader appearing for respondent No.7 to inform the Court about the death of respondent No.7. The applicant in this application has averred that, he got knowledge about the death of respondent No. 7 on 09-06-2010 and thereafter, immediately this application is filed on 26-07-2010. . In this Civil Application, this Court 4 ca12125.10 issued notices to the respondents on 11-03-2011, thereafter, on 14-11-2011 this Court observed that, service is complete. However, the application was posted for further hearing on 07-12-2011 since none appeared for the non applicants. Thereafter, time to time, hearing of the application was deferred. When the application is called out for hearing today, though the appearance is entered by the Counsel for respondent Nos. 1,2, 4 to 6 none appears for them.