Clear Communication of Party’s Death Mandatory Under Order XXII Rule 10-A: Supreme Court

The Supreme Court determined that Order XXII Rule 10-A of the CPC requires clear communication of information relating to the death of a party.

Both the original plaintiffs and defendants died while the case was pending on appeal. Despite an affidavit mentioning one death, the High Court did not properly notify the opposing party. 

As a result, the appeals were dismissed as abated since the heirs failed to file substitution applications.

The Supreme Court determined that appropriate notice under Rule 10-A was not provided, overturned the abatement orders, granted substitution, and permitted the appeal, guaranteeing fair procedural compliance.