Back
IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Kaushik Goswami, J.
On The Death Of Loko Ram Das @ Lokeswar Das, His Legal Heir And ors. – Petitioners
Versus
Sri Tankeswar Das S/O Late Phuleswar Das and Anr – Respondents
I.A.(Civil)/2953/2024, RSA/248/2019
Decided On : 08-01-2025
ORDER :
Kaushik Goswami, J.
1. Heard Mr. A. Singh, learned counsel appearing on behalf of Mr. R.K. Bhuyan, learned counsel for the applicant.
2. This is an application under Order 22 Rule 3, read with section 151 of Code of Civil Procedure for substitution of the legal heirs of the deceased appellant Nos.1 and 3. It appears that during the pendency of the Regular Second Appeal, the appellant No.1 and appellant No.3 i.e. Sri Lokoram Das @ Lokeswar Das and Sri Nripen Das @ Babul Das died on 05.08.2020 and 02.04.2020 respectively leaving behind the following legal heirs, i.e. Haren Chandra Das, and Biplopjyoti Das.
3. In view of the aforesaid development, the substitution of the aforesaid legal heirs and representatives of the deceased appellant Nos. 1 and 3 appears to be essential for effective adjudication of the Second Appeal.
4. Accordingly, the prayer for substitution as sought for stands allowed. It is provided that the legal heirs of the deceased appellant Nos. 1 and 3, Haren Chandra Das and Biplopjyoti Das be substituted in place of appellant Nos. 1 and 3 respectively. Let amended Cause Title be submitted to the Registry for doing the needful.
5. The Interlocutory Application accordingly stands disposed of.
Substitution of legal heirs is essential for effective adjudication of appeals, ensuring continuity in legal proceedings.
The court allowed substitution of legal heirs in appeals, ensuring compliance with procedural requirements.
The court affirmed that substitution of deceased parties must follow due legal formalities, particularly in cases involving contested claims against a probated Will.
Procedural compliance is essential in civil litigation, and while courts may exercise discretion to overlook minor lapses, parties must follow established procedures to avoid abatement and ensure jus....
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
