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LOKESHWAR SINGH PANTA, R.V.RAVEENDRAN
Jaladi Suguna (Deceased) Through LRs. – Appellant
Versus
Satya Sai Central Trust – Respondent
Key Points: - The Court held that when a respondent in an appeal dies and the right to sue survives, the legal representatives must be brought on record before the court can proceed with the appeal. (!) - Filing an LR application alone does not bring on record; the court must determine who the legal representatives are and bring them on record before hearing merits. (!) - The rules require that the legal representative issue be resolved prior to or in conjunction with hearing the appeal, and that hearing the appeal against a dead person is impermissible. (!) (!) - The High Court should first decide who represents the deceased party and then bring those representatives on record, followed by hearing the appeal on merits. (!) (!) - The judgment can be null if the appeal is heard without proper representation of the deceased party. (!) - The remedy provided: restore the appeal, determine the rightful representatives, bring them on record, and then hear the appeal on merits. (!) - The High Court should decide disputes between competing claimants to the estate (e.g., widower vs. appellants) before finalizing representation for the appeal. (!) - The High Court should dispose of the appeal within six months after determining representation. (!)
R.V. Raveendran J.
1. Leave granted. Heard.
2. The appellants claim to be the legal representatives of one Jaladi Suguna. The said Suguna had filed a suit in OS No.658/1987 in the Court of Sub-ordinate Judge, Vijayawada, seeking a declaration that the registered gift deed dated 27.3.1980 executed by her in favour of the first Respondent Trust (`Trust for short) in respect of the suit property was null and void and for a consequential injunction restraining the said Trust from interfering with her rights.
3. The Trust was the first defendant and the tenant in occupation of a portion of the suit property was the second defendant in the said suit. The said suit was decreed by the Trial Court by Judgment and Decree dated 25.8.1999, declaring that the said gift deed to be void and restraining the Trust from interfering with her possession.
4. Feeling aggrieved, the Trust filed Appeal Suit No.294/2000 in the High Court of Andhra Pradesh. Suguna who was the first respondent in the said appeal, died during the pendency of the appeal, on 21.3.2002. The Trust herein filed an application (CMP No.10258/2002) to bring her husband (the third respondent herein) on record, as her legal representativ
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