Law Casts Duty Upon Representing Counsel To Report Death Of Litigant During An Ongoing Litigation: J&K High Court

The Jammu and Kashmir High Court held that it would take into account the date on which the death of a litigant was brought on the court's record for the purpose of calculating the limitation period for setting aside the abatement of the suit.

The court stated that it is the duty of the counsel representing the party to inform the court about the death of the litigant during the pendency of the suit.

The court said that the period of six months will start from the day on which the factum of death of the deceased party was brought on the court records. The court held that the trial court was right in allowing the application for setting aside the abatement of the suit and bringing on record the legal representatives of the deceased litigant.

A bench of Justice Rahul Bharti noted that although the petitioner pleaded that the fact of the death of deceased defendant was known to the respondent, being their paternal cousin and a neighbor, the court observed that the death of the defendant was officially brought on record only when the counsel appeared five months after the defendant's demise.

The court further stated that there was no delay on the part of the respondent in filing the application for setting aside the abatement after the report of death was brought on record by the representing counsel.

The court also noted that the revision petition in the instant case had frozen the trial court proceedings in the suit for the past six years and, therefore, directed the trial court to adjudicate the civil suit with due dispatch, without any further wastage of time in unwarranted adjournments.

BACKGROUND

In this case, the respondent/plaintiff had filed a suit for declaration and a permanent prohibitory injunction. The defendant, after filing the written statement, passed away in March 2016. The counsel representing the deceased defendant brought the death of the defendant on record in October 2016.

Thereafter, the plaintiff filed an application for setting aside the abatement of the suit and to bring on record the legal representatives of the deceased defendant. The order allowing the abatement and condonation of delay was subsequently challenged before the instant court.

The court held that it would take into account the date on which the report of death was brought on record by the counsel. The court also held that there was no delay on the part of the plaintiff in filing the said application, as it was filed immediately after the death of the defendant was officially recorded. Therefore, the court dismissed the petition and directed the trial court to ensure the timely disposal of the case.

APPEARANCE:

P.S. Ahmad, Advocate FOR Petitioners

M. Sultan, Advocate FOR Respondents

Case-Title: ABDUL RASHID DAR AND ORS. vs MUZAFFER AHMAD DAR AND ORS,

Citation: 2025 LIVELAW (JKL) 64

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