Rule 9A of CPC : Rule 9A: Power to dispense with notices in case of deceased parties.

Explanation using Example

Example 1:

Scenario: Ramesh files a civil suit against Suresh in the District Court of Mumbai. The court passes a decree in favor of Ramesh. Suresh, dissatisfied with the decree, decides to appeal to the Supreme Court. However, before the appeal is heard, Suresh passes away. Suresh did not appear at the original hearing or any subsequent proceedings.

Application of Rule 9A: According to Rule 9A, since Suresh did not appear at the original hearing or any subsequent proceedings, there is no requirement to serve notice of the appeal to Suresh's legal representatives. Instead, the notice will be affixed in a conspicuous place in the Mumbai District Court and published in newspapers as directed by the court.

Example 2:

Scenario: Priya files a lawsuit against her neighbor, Anil, for encroachment on her property in the District Court of Delhi. The court rules in favor of Priya. Anil decides to appeal the decision in the Supreme Court. Unfortunately, Anil dies before the appeal is processed. Anil did not attend the original hearing or any subsequent proceedings.

Application of Rule 9A: In this case, since Anil did not appear at the original hearing or any subsequent proceedings, Rule 9A states that there is no need to serve notice of the appeal to Anil's legal representatives. Instead, the notice will be posted in a prominent place in the Delhi District Court and published in newspapers as directed by the court.