State Bank Of India vs. State Bank Employees Union& Ors.

Ê!ITEM NO.31 REGISTRAR COURT.1 SECTION XV

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

BEFORE THE REGISTRAR S.G. SHAH

Petition(s) for Special Leave to Appeal (Civil) No(s).28310-28493/2009

STATE BANK OF INDIA Petitioner(s)

VERSUS

G.KAMALANATHAN & ORS. ETC. Respondent(s)

(With prayer for interim relief )

WITH SLP(C) NO. 21944 of 2008 (With prayer for interim relief and office report) SLP(C) NO. 29066-29124 of 2009 (With prayer for interim relief and office report) SLP(C) NO. 29144 of 2009 (With prayer for interim relief and office report) SLP(C) NO. 32655 of 2009 (With office report) SLP(C) NO. 32656 of 2009 (With office report) SLP(C) NO. 32674 of 2009 (With office report) SLP(C) NO. 34444-34445 of 2010 (With office report) SLP(C) NO. 34966-34967 of 2009 (With office report) SLP(C) NO. 6934 of 2011 (With prayer for interim relief and office report) SLP(C) NO. 7607 of 2011 (With prayer for interim relief and office report)

Date: 22/07/2011 These Petitions were called on for hearing today.

For Petitioner(s)

Mr Abhishek Kumar, Adv. Mr. Sanjay Kapur,Adv.

For Respondent(s)

Mr. S.R. Setia,Adv. Mr. P.K. Manohar, Adv. Mrs.K. Sarada Devi, Adv. Ms. Anitha Shenoy, Adv.

Item No.31

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UPON hearing counsel the Court made the following O R D E R

of judgment-5.8.2010, C.A. No. 6291/2010 titled as Budh Ram & Ors Vs. Bansi & Ors and [2010] 8 SCR 597, date of judgment 8.7.2010, C.A. No.1166/2006 titled as Balwant Singh (Dead) Vs. Jagdish Singh & Ors., whereby Hon'ble Court has recently confirmed the legal position which is otherwise well settled in the Code of Civil Procedure that what is to be done when any litigant expires and if proper steps are not taken within the prescribed period of limitation to bring the legal heirs of such deceased litigant by the concerned persons, by legal heirs of such deceased litigants or any litigant on record. In such case, when there is a direct judgment by the Hon'ble Court stating

" Abatement takes place automatically by application of law without any order of the court. Setting aside of abatement can be sought once the suit stands abated. Abatement in fact results in denial to hearing of the case on merits. Order XXII Rule 1 CPC deals with the question of abatement on the death of the plaintiff or of the defendant in a Civil Suit. Order XXII Rule 2 relates to procedure where one of the several plaintiffs of the defendants die and the right to sue survives. Order XXII Rule 3 CPC deals with procedure in case of death of one of the several plaintiffs or or the sole plaintiff. Order XXII Rule 4 CPC, however, deals with procedure in case of death of one of the several defendants or or the sole defendants Sub-clause(3) of Rule 4 makes it crystal clear that where within the time limited by law, no application is made under sub-Rule 1, the suit shall abate as against the deceased defendant. In Para 13 it is stated that provisions of Order XXII Rule 4(4) CPC, provide that in case, the deceased defendant did not contest the suit and did not file a counter affidavit, the substitution may not be warranted."

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Item No.31

Registry shall list such matters before the Hon'ble Judge in Chambers for appropriate formal order regarding abatement when litigants fail to bring on record the legal heirs of deceased respondent within prescribed period of limitation.

Registrar