Code of Civil Procedure, 1908–Order 22, Rule 10A–Once a party to the suit dies, a duty is cast upon the lawyer representing such party, to communicate the fact of death to the opposite party in terms of provisions contained in Rule 10A–Unless the primary obligation is discharged and it is established with cogent evidence that the opposite party had sufficient opportunity to know and had in fact, knowledge, the death of the defendant, the plea of abatement of the suit at the instance of party having failed to comply with the obligation mentioned under Rule 10A cannot be entertained–Nobody can be allowed to reap the benefit of his own lapse and to non-suit the plaintiff.
