SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2012 Supreme(SC) 783

A.K.PATNAIK
GURCHARAN SINGH – Appellant
Versus
SURJIT SINGH – Respondent


ORDER

1. These interlocutory applications have been filed by the petitioner in Special Leave Petition No.7735 of 2010. I.A. No. 2 of 2011 is an application for substitution of legal representatives of deceased respondent No.1. As respondent no.1 died on 09.06.2009 and the application for substitution has been filed on 05.09.2011, I.A. No.3 of 2011 has been filed for condonation of delay in filing the application for substitution of legal representatives of the deceased respondent No.1. The question which I have to decide is whether an application for substitution of a respondent who was dead when the Special Leave Petition was filed was maintainable, and if not, the remedy of the petitioner when he comes to learn that the respondent was actually dead when he filed the Special Leave Petition.

2. Learned counsel for the petitioner relied on the provisions of Order XXII of the Code of Civil Procedure, 1908 (for short “the CPC”) as well as the amendments made thereto by the High Court of Punjab and Haryana and submitted that even where the respondent was dead when the Special Leave Petition was filed, his legal heirs can be substituted under these provisions of the C.P.C. He also relie











Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top