BENGAL AMBUJA HOUSING DEVELOPMENT LIMITED vs PRAMILA SANFUI (DEAD) .

The Supreme Court upheld the High Court's decision regarding the abatement of Title Suit No. 121 of 1962 under Order XXII, Rules 3 and 4 of the Code of Civil Procedure, 1908, confirming that the suit abated due to the death of defendant Gangadas Pal without substitution within the prescribed time. The Court established that a suit automatically abates if no application for substitution is made within ninety days of a party's death. Consequently, the appeals by Bengal Ambuja Housing Development Ltd. and West Bengal Housing Board were dismissed, affirming the High Court's refusal to interfere with the lower court's order.