Plea of Abatement Cannot Be Taken If Defendant’s Lawyer Suppressed Party’s Death: Supreme Court

The Supreme Court ruled that defendants cannot benefit from abatement if their lawyer knowingly concealed the death of a party.

The bench held that under Order XXII Rule 10A CPC, advocates have a duty to disclose such facts to the court. 

The respondent’s lawyer, despite being aware, argued the case without disclosing the death and later sought abatement.

Calling it a misuse of process, the Court applied the maxim nullus commodum capere potest de injuria sua propria and remanded the case for fresh consideration.  (Binod Pathak & Ors. V Shankar Choudhary & Ors.)