Abatement of suit

Death of plaintiff or defendant would not abate the suit if right to sue survived.

Question as to whether after death of the plaintiff, proceedings would abate, primarily depended on the nature of the cause of action

Any action might abate on death of a party but cause of action might survive

Suit in the present case, was filed by three plaintiffs, one of which had died during pendency of suit, and as such right to sue remained alive

Dismissal of suit for non-prosecution, therefore, seemed to be illegal and contrary to the express provisions of Order XXII, Rule 2, C.P.C.

Provisions of Order XXII, R.2, C.P.C. had to be strictly construed and entire suit would not be taken to have abated simply because some of the plaintiffs had died whereas the legal representatives had not been brought on record

Court itself was competent to bring on record legal representatives of deceased plaintiff as list of legal heirs was attached with plaint in terms of Order VII, Rule 26, C.P.C.

High Court set aside the impugned orders

Intra-court appeal was allowed in circumstances.