Binod Pathak Vs Shankar Choudhary 2025 INSC 842 - Order XXII Rule 10A CPC - Duty Of Pleader To Inform Death Of Party

Code of Civil Procedure 1908- Order XXII Rule 10A -The duty of a pleader to apprise the court as well as the other parties to the suit or appeal of the death of his client is a duty of candour and propriety as a responsible officer of the court. The failure of a party to perform the duty under Rule 10A constitutes a wrongful act and such party must not be allowed to avail the benefit arising therefrom in the form of abatement of suit- Providing merely an information with regard to the fact of death is not sufficient compliance of the Rule 10A of the CPC. unless and until the counsel furnishes the information with regard to the details of the persons on whom and against whom the right to sue survives and the information under Rule 10A of the CPC. and the object behind it would remain incomplete as the parties would still be labouring to inquire who are the legal representatives and find out as to upon whom and against whom the right to sue survives. (Para 59-63)

Legal Maxims and Doctrines -'Doctrine of ‘clean hands’ originates from the Roman Law, and finds expression in two latin maxims being (i) ex injuria ius non oritur and (ii) nullus commodum capere potest de injuria sua propia, which mean “from wrong, no right arises” and “no one can take advantage of their own wrong”, respectively- the maxim ‘ex injuria ius non oritur’ is different from the maxim ‘nullus commodum capere potest de inuria sua propria’ for the reason that the former pertains to a ‘right’ that may become available to a wrongdoer due to the wrongful act and the latter relates to an ‘advantage’ or ‘benefit’ that a wrongdoer may derive from his wrongful conduct. (Para 45-56)

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