Law Casts Duty Upon Representing Counsel To Report Death Of Litigant During An Ongoing Litigation: J&K High Court
Live LawThe Jammu and Kashmir High Court held that it would take into account the date on which the death of a litigant was brought on the court's record for the purpose of calculating the limitation period for setting aside the abatement of the suit. The court held that the trial court was right in allowing the application for setting aside the abatement of the suit and bringing on record the legal representatives of the deceased litigant. A bench of Justice Rahul Bharti noted that although the petitioner pleaded that the fact of the death of deceased defendant was known to the respondent, being their paternal cousin and a neighbor, the court observed that the death of the defendant was officially brought on record only when the counsel appeared five months after the defendant's demise. The court further stated that there was no delay on the part of the respondent in filing the application for setting aside the abatement after the report of death was brought on record by the representing counsel.
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