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G. S. KULKARNI, SOMASEKHAR SUNDARESAN
Mujibur Rehman Haji Israr Alam Siddiqui – Appellant
Versus
Noorjahan Begum Haji Israr Alam Siddiqui – Respondent
JUDGMENT :
(Somasekhar Sundaresan, J.) :
1. This Appeal is directed against an order dated 13th March, 2023 (“Impugned Order”), by which a Learned Single Judge of this Court allowed the replacement of the deceased original Plaintiff in Suit No. 1011 of 2014, with certain individuals who purport to claim through a Will, as the legal heirs of the deceased original Plaintiff.
2. The Impugned Order is one of the many strands in a web of litigation among the parties. It would be fruitful to examine the background to the litigation among the parties.
Background and Context:
3. The Appellant, Mr. Mujibur Rehman Haji Israr Alam Siddiqui is the son of Late Mr. Haji Israr Alam Mohd Nazir Siddiqui (“Late Mr. Alam”). The Late Mr. Alam’s widow is Ms. Noorjahan Begum Haji Israr Alam Siddiqui (“Mother”). Nine siblings who are the offspring of the Late Mr. Alam, the Mother, and eight tenants of various properties, are parties to various suit proceedings in this Court.
4. According to the Appellant, an oral partition and division pursuant to a Family Settlement took place, initially on 11th July, 2000, and thereafter on 18th June, 2004 (collectively, “Family Settlement”). Various family members are said
Legal heirs can be substituted in a suit after the death of the original plaintiff without altering the nature of the suit, provided the original cause of action remains unchanged.
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One legal heir can represent the estate in Rent Act suits without needing all heirs to be added, provided there is no fraud or collusion.
Point of Law : Code of Civil Procedure enjoins various provisions only for the purpose of avoiding multiplicity of proceedings and for adjudicating of related disputes in the same proceedings, the pa....
The amendment to Order XXII Rule 4 of the CPC aims to ensure the continuation and culmination of effective adjudication and to prevent the proceedings from coming to an end summarily due to the death....
Merely because the evidence of respondent/defendant and Prabhakar Rao (PW-2) was not repeated all over again, it cannot be held that the appellant/ plaintiff could be non-suited on this ground.
Legal representatives can participate in partition suit proceedings without raising new defenses, emphasizing proper adherence to procedure under the Civil Procedure Code.
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