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2026 Supreme(SC) 480

J. K. MAHESHWARI, ATUL S. CHANDURKAR
Kumud Lall – Appellant
Versus
Suresh Chandra Roy (Dead) Through LRs – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Raghenth Basant, Sr. Adv. (AC) Mr. Akshay Sahay, AOR Ms. Bagavathy Vennimalai, Adv. Ms. Kaushitak Sharma, Adv. Ms. Hima Bhardwaj, Adv. Ms. Sarvshree, AOR Ms. Somyashree, Adv.
For the Respondent(s):Mr. Umesh Sinha, Adv. Mr. Gunnam Venkateswara Rao, AOR Ms. Shefali, Adv. Mr. Anil Kumar Singh, Adv. Ms. Himani Chhabra, Adv. Ms. Devyani Mahra, Adv. Mr. Shyam Padman,Sr. Adv. Mr. Jaimon Andrews, Adv. Ms. Piyo Harold Jaimon, Adv. Ms. Asitwathi Shyam, Adv. Ms. Firdousecp, Adv. Mr. Naresh Kumar, AOR Petitioner-in-person, AOR

JUDGMENT :

J.K. Maheshwari J.

1. Leave granted.

2. The present appeals arise out of the challenge preferred by the legal heirs1[Wife and son.] of the alleged medically negligent doctor (deceased now), to the order2[26.05.2010 (Impugned Order I) in M.A. No. 1214 of 2009 (Application for substitution) in Revision Petition No. 432 of 2006.] passed by the National Consumer Dispute Redressal Commission, New Delhi (in short ‘NCDRC’), thereby allowing the application filed by the complainant (deceased now) seeking substitution of the legal heirs of the doctor, pending revision and directing them to be brought on record. On filing review, it was also dismissed3[vide order dated 24.05.2018 (Impugned Order II) passed in M.A. No. 324 of 2011 (Review) in Revision Petition No. 432 of 2006 and R.A. No. 70 of 2011 (Review) in Revision Petition No. 432 of 2006] observing that the legal heirs shall be liable to satisfy the decretal amount to the extent payable from the estate left behind, on conclusion of the proceedings. Hence, the instant appeals to assail the orders passed in main case and review.

BRIEF FACTS

3. The case as set up by the complainant before District Forum, Munger, Bihar (in short ‘Di

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