Back
KHATIM REZA
Bhagirathi Devi – Appellant
Versus
Santosh Kumar Tekriwal – Respondent
ORDER
Re: I.A. No. 03 of 2023
This interlocutory application has been filed for substituting the heirs of appellant no. 1, namely, Bhagirathi Devi who died on 08.08.2018 leaving behind her heirs and legal representatives whose details are mentioned in paragraph no. 2 of the instant interlocutory application.
2. Learned counsel for the appellants submits that earlier the appeal was dismissed for default for non-prosecution of the case and a restoration application bearing M.J.C. No. 1037 of 2015 was filed and during the pendency of the aforesaid M.J.C., appellant no. 1, Bhagirathi Devi died and a petition for substitution of her heirs was filed in the M.J.C. application which was allowed vide order dated 31.01.2023 and present appeal was restored to its original file.
3. Learned counsel for the appellants submits that sons of deceased appellant no. 1 is already on record as appellant nos. 2 to 5 only her three daughters are required to be added as appellant nos. 11 to 13.
4. Learned counsel for the appellants also submits that duly executed vakalatnama is prayed to be filed on behalf of daughters within four weeks because they are residing outside their native place. Learned counsel for
Substitution of heirs and correcting party records in appeal proceedings are essential to maintaining the integrity of the judicial process.
The court confirmed the validity of substitution applications for deceased parties within the statutory limit, necessitating amendments to relevant decrees.
Legal procedures for substituting parties in an appeal following the death of an appellant are crucial for maintaining the integrity of the judicial process.
The court allowed substitution of legal heirs in appeals, ensuring compliance with procedural requirements.
The court emphasizes the importance of timely substitution upon a party’s death while considering the circumstances leading to delays and emphasizes the allowance of applications subject to costs.
The court affirmed that substitution of deceased parties must follow due legal formalities, particularly in cases involving contested claims against a probated Will.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
