The court reaffirmed the settled principle that, where a sole appellant dies during the pendency of a Regular Second Appeal and no legal representative comes forward to be substituted, the appeal abates by operation of law. This approach is consistent with established procedural law and holds binding value for courts dealing with abatement of appeals in civil matters.
Summary
| Category | Data |
|---|---|
| Case Name | RSA/161/2015 of SURINDER MOHAN KATWAL Vs KULBIR SINGH CHAUHAN |
| CNR | HPHC010105822014 |
| Date of Registration | 01-04-2015 |
| Decision Date | 01-09-2025 |
| Disposal Nature | Disposed Off |
| Judgment Author | HON’BLE MR. JUSTICE SATYEN VAIDYA |
| Court | High Court of Himachal Pradesh |
| Precedent Value | Binding |
| Type of Law | Civil Procedure |
| Ratio Decidendi |
The court held that since the sole appellant in the Regular Second Appeal had died and no legal representative sought to be substituted in his place, the appeal cannot proceed and must be dismissed as abated. The order confirms the procedural rule that an appeal abates upon the death of the sole appellant when no substitution application is moved by heirs or legal representatives within the prescribed period. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Himachal Pradesh |
| Persuasive For | Other High Courts; on procedural aspects in abatement of appeals |
What’s New / What Lawyers Should Note
- Reaffirms that a civil appeal stands abated if the sole appellant dies and no legal representative is brought on record.
- Highlights the mandatory nature of substitution within the stipulated period to prevent abatement.
- Reinforces that no further proceedings can continue in the absence of proper steps for substitution following an appellant’s death.
Summary of Legal Reasoning
- The Court recorded that the sole appellant had died as informed on 24th July, 2025.
- No legal representative of the deceased appellant appeared or sought substitution thereafter.
- Consequently, the appeal could not be prosecuted further as per procedural law, leading to its dismissal by abatement.
- The Court thus applied the procedural mandate regarding abatement of appeals in the absence of legal heirs or representatives coming on record within time.
Arguments by the Parties
No arguments were recorded or advanced by any party, as on the date of decision, none appeared for the deceased appellant and only the respondent’s counsel was present.
Factual Background
The Regular Second Appeal arose in a civil dispute. During the pendency of the appeal, it was informed to the court on 24th July, 2025 that the sole appellant had died. Following this, no individual came forward to represent the deceased appellant or seek substitution as his legal representative. As a result, the court proceeded to dismiss the appeal as abated on 1st September, 2025.
Statutory Analysis
- The judgment applies well-established principles regarding the abatement of appeals upon the death of a sole appellant, as provided under the Civil Procedure Code (specific statutory citations not set out in the text).
- There is no indication of a novel or expansive statutory interpretation.
Alert Indicators
- ✔ Precedent Followed – The judgment applies and reaffirms the established legal position regarding abatement of civil appeals due to non-substitution of legal representatives.
Citations
- No SCC, AIR, or other legal citation numbers are noted in the judgment text.
- Judgment is listed as disposed of on 01-09-2025 in RSA/161/2015, CNR HPHC010105822014 (High Court of Himachal Pradesh).