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ARUN KUMAR JHA
Anita Kumari @ Anita Devi – Appellant
Versus
Anand Shankar Singh – Respondent
Arun Kumar Jha, J.—Heard learned senior counsel for the petitioner and learned counsel for the respondents 1st set.
2. The petitioner has challenged the order dated 20.06.2017 passed by the learned Sub Judge-I, Patna in Title Suit No. 512 of 2012, whereby and whereunder the petition filed on behalf of the respondents 1st set for substitution of legal heirs of the sole plaintiff in title suit has been allowed.
3. Learned senior counsel appearing on behalf of the petitioner submits that the sole plaintiff in Title Suit No. 512 of 2012 died on 18.04.2015 and two petitions have been filed on 15.07.2015 and 02.07.2016, respectively for substitution of the legal heirs of sole plaintiff, Leela Devi, in her place. Learned senior counsel further submits that the petition dated 15.07.2015 could not be considered as in the said petition only the husband and sons of the deceased-plaintiff had been sought to be substituted in place of sole plaintiff whereas her daughters were not named as legal representatives. Thereafter, on 02.07.2016, another petition was filed for substitution of the daughters of the deceased plaintiff along with the persons already named in the petition dated 15.07.2015. But
A simple prayer for substitution of legal heirs implicitly includes a request to set aside abatement, allowing cases to proceed on merits despite procedural delays.
A substitution application for a deceased party can be allowed despite delays if sufficient cause is shown, and the absence of formal condonation is not fatal.
Procedural missteps should not prevent justice; courts have discretion to allow substitution and condonation of delay in civil proceedings.
The automatic abatement of a suit due to plaintiff's death may be set aside through a substitution petition, which courts should interpret liberally to ensure justice.
Courts should adopt a liberal approach to substitution and abatement to prioritize substantial justice over procedural technicalities.
No specific order for abatement of proceedings under one or other provisions of Order 22 is envisaged and the abatement takes place on its own force by passage of time.
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