🧠 LEGAL LEARNING – CIVIL PROCEDURE & DUTY TO INFORM DEATH OF A PARTY- SHRI GANPATI JURISTS
🔹 Order XXII Rule 10A CPC – Duty of Pleader:
When a party to a suit dies, the pleader appearing for the deceased has a legal duty to inform the Court and the other parties. This provision is meant to prevent delays, surprises, or manipulation of procedure by suppressing crucial information.
🔹 Failure to Inform – No Benefit from Own Wrong:
Non-compliance with Rule 10A is considered a procedural lapse, and the defaulting party cannot derive benefit from such omission. The Court stressed that no litigant can take advantage of their own wrong—reaffirming the legal maxim:
“Nullus commodum capere potest de injuria sua propria.”
🔹 Substantial Justice over Technicality:
The rule is designed to prevent unfair abatement of proceedings and upholds the principle that substantive justice should not be defeated due to procedural oversights.
#LegalLearning #CivilProcedure #OrderXXIIRule10A #CPCIndia #JusticeOverTechnicality #PleaderDuties #CivilLitigation ##LawyersInBathinda #AdvocatesInBathinda #LawyersBathinda #AdvocateBathinda #LegalHelpBathinda #BathindaAdvocates #BathindaLawyers #LegalServicesBathinda #LawyersPunjab #AdvocatesPunjab #LegalHelpPunjab #PunjabLegalExperts #LegalAdviceIndia #IndianLawFirm #LegalAwareness #KnowYourRights #LegalSupportLawSimplified #LegalAwareness #KnowYourRights #IndianLaw #SubstantialJustice
