J&K High Court Rejects Informal Notations for Reporting Deceased Party Names
The High Court of Jammu & Kashmir and Ladakh ruled that merely writing 'dead' in small font next to a respondent’s name fails to meet the legal requirements of Order 22 Rule 10-A of the Civil Procedure Code. Counsel must formally report the death, including the specific date, to ensure proper substitution of heirs.
The Court ruled that perfunctory notations on court filings are insufficient to satisfy the statutory duty imposed by Order 22 Rule 10-A of the CPC. This provision mandates that counsel must provide formal notice of a party's death to prevent procedural confusion. By failing to include the specific date, legal practitioners impede the court's ability to track limitation periods for substituting legal representatives. The judgment serves as a reminder that procedural diligence is essential to prevent the unintended abatement of lawsuits.
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