#Order 22 CPC

Allahabad HC rules that an appeal filed against a deceased respondent cannot be revived through substitution or delay condonation, as it abates as a legal nullity. The State’s failure to act on knowledge of the respondent’s death during execution proceedings led to dismissal, reinforcing strict compliance with procedural timelines under Order 22 CPC.

The Punjab & Haryana High Court ruled that impleading a legal representative under Order 22 Rule 4 CPC without first determining the validity of a disputed Will is procedurally invalid. A formal inquiry under Order 22 Rule 5 CPC is mandatory to protect the rights of parties in property disputes involving testamentary succession.

Orissa High Court rules that substitution of legal heirs under Order 22 CPC does not reset the limitation period for a suit. The original filing date remains valid if the suit was instituted within time, ensuring continuity of proceedings without granting a fresh limitation window.