SCReiterates Pleader’s Mandatory Obligation to Report Client’s Death: Order XXII Rule 10A CPC accorded Priority over Formalities
In Binod Pathak & Ors. Vs. Shankar Choudhary & Ors., the Supreme Court emphasized the statutory obligation of the pleaders under Order XXII Rule 10A CPC to report the death of a client. It held that defaults of procedure should never defeat substantive justice, particularly such defaults resulting from mala fide silence. Revoking the order of the Patna High Court, the Court held that no one shall profit from their own iniquity, upholding fairness and moral legal practices.
