*Om Prakash Gupta @ Lalloowa V. Satish Chandra (2025 SC)* 1. O.22 R.1 CPC provides that when a party to a suit passes away, the suit will not abate if the right to sue survives. However, the suit automatically abates when an application to substitute the LRs of the deceased party under Rules 3/4 of O.22 is not filed within 90 days from the date of death (Article 120 of the Limitation Act). (This 90 days is from the date of death and not from the date of knowledge of death). 2. ⁠If LRs were not substituted within 90 days, and the suit abates, a further remedy is provided under O.22 R.9 CPC. The plaintiff can file an application seeking setting aside of the abatement within a period of 60 days (Article 121 of the Limitation Act). Therefore, between the 91st and the 150th day after the death, one has to file an application for setting aside the abatement. 3. ⁠On and beyond the 151st day, this remedy also becomes time barred. Consequently, any application seeking to set aside the abatement must then be accompanied by a request contained in an application for condonation of delay u/s. 5 of the Limitation Act. 4. O. 22 R.3/4 CPC does not provide as to which party shall file such an application for substitution of LRs. Ordinarily, the plaintiff should file such an application as the abetment of the suit would benefit the defendant. However, such an application can also be filed by the LRs of the deceased defendant. 5. O.22 R.10A casts a duty upon a pleader appearing for a party to the suit to intimate the court about the death of such party. It further provides that once the court is informed by the pleader of a party that he is no more, the court shall notify the opposing party of the death. The court’s obligation to issue notice to the other party is indeed mandatory. However, this obligation may not arise in all circumstances. For example, when the opposite party was already present in the court, when the pleader of the deceased party has intimated the court about the death. 6. The provision of abatement has to be construed strictly. On the other hand, the prayer for setting aside an abatement and the dismissal consequent upon an abatement, have to be considered liberally. A simple prayer for bringing the LRs on record, without specifically praying for setting aside of an abatement may in substance be construed as a prayer for setting aside the abetment. The court reiterated the need for justice oriented approach while following the procedure.