Order XXII Rule 10A CPC: Duty of Pleader to Communicate Death of a Party

Order 22 Rule 10A requires an advocate representing a party in a civil suit to inform the court when the advocate learns that the party has died. The court must then notify the opposite party, helping the proceedings continue in accordance with law.

Text of Order XXII Rule 10A

Source: Official Code of Civil Procedure, 1908 (India Code PDF). Rule 10A was inserted by the Code of Civil Procedure (Amendment) Act, 1976, effective 1 February 1977.

Meaning and purpose of Rule 10A

The rule prevents a party from remaining unaware of an opponent's death while litigation is pending. It imposes a specific procedural duty on the deceased party's pleader and a corresponding duty on the court to give notice. This assists the parties in taking appropriate steps concerning legal representatives and abatement.

The expression pleader refers to a person entitled to appear and plead for another in court, within the meaning of section 2(15) CPC. A legal representative is a person who in law represents the estate of a deceased person, as defined in section 2(11) CPC. Abatement means termination of the suit or relevant part of the proceedings by operation of procedural law when the required steps are not taken.

Duties of the pleader and the court

1. Knowledge of death: The obligation arises when a pleader appearing for a party learns of that party's death.
2. Communication to court: The pleader must bring the death to the court's attention.
3. Notice to the opposite party: The court must notify the other party of the death.
4. Limited continuation of authority: The pleader-client contract is deemed to subsist for the purpose of carrying out this notification duty; it is not a general authorization to conduct the deceased person's case indefinitely.

Substitution of legal representatives and abatement

Rule 10A concerns communication of death; it does not itself substitute legal representatives or automatically extend limitation periods. Where the right to sue survives, Order XXII Rules 3 and 4 govern bringing the legal representatives of a deceased plaintiff or defendant on record. Rule 5 addresses disputes about who is a legal representative, and Rule 9 deals with setting aside abatement or dismissal.

Under Article 120 of the Limitation Act, 1963, the ordinary period for an application to bring legal representatives on record is 90 days from the date of death. Under Article 121, an application to set aside abatement generally has a 60-day period from the date of abatement. Section 5 of the Limitation Act may permit condonation of delay on sufficient cause where applicable. Whether abatement occurs, and whether delay should be excused, depends on the circumstances and applicable law.

Application to appeals

Order XXII Rule 11 applies the relevant provisions of Order XXII to appeals, so far as may be, treating references to a plaintiff, defendant and suit as including an appellant, respondent and appeal respectively. Rule 10A therefore also has significance in appellate proceedings.

Judicial interpretation

The Supreme Court has explained that Rule 10A was introduced to reduce hardship where one side may not know that the other party died while a case or appeal remained pending. The rule facilitates timely notice and a fair opportunity to take procedural steps. See the Supreme Court judgment dated 11 February 2025, discussing Rule 10A and Gangadhar v. Raj Kumar, (1984) 1 SCC 121.

Practical points

• Inform the court promptly when the death of a represented party becomes known.
• Keep a record of the court's notice and relevant dates.
• Check whether the right to sue survives and whether substitution is required.
• Calculate limitation with reference to the applicable statutory provisions, rather than assuming that notice under Rule 10A restarts the clock.
• Review applicable state amendments, court rules and case-specific directions.

Official legal references

Read the Code of Civil Procedure, 1908 and consult the India Code portal for the Limitation Act, 1963 and applicable amendments.

This article explains the general central-law position as of 14 October 2026 and is not a substitute for advice on a particular proceeding.