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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
NELSON SAILO, J.
F. Rodingliana, S/o. Sh F.Kapsanga (L), Dawrpui, Aizawl – Appellant
Versus
KM. Lianzuala, S/o K. Vanchhunga – Respondent
JUDGMENT :
(NELSON SAILO, J.)
Heard Mr. K. Roland, learned counsel for the petitioner and Ms.Vanneihsiami, learned Govt. Advocate for the respondent Nos. 2 to 5. None appears for the respondent No. 1 despite notice.
[2.] By filing this application under Section 115 read with Section 151 of the Code of Civil Procedure, 1908 (CPC), the petitioner seeks revision of the order dated 30.07.2024 passed by the Civil Judge (Junior Division) – IV, Aizawl in CMA No. 435/2023 arising out of Civil Suit No. 38/2019. The learned counsel submits that the respondent No. 1 filed Civil Suit No. 38/2019 initially against the official respondent Nos. 2 to 5 and later on against Sh. F. Kapsanga claiming compensation of more than 5 lakhs for destruction of his land in connection with the construction of Samtlang to Hualngohmun road. Initially, Sh. F. Kapsanga was not impleaded as a party defendant and he was later on impleaded as defendant No. 5. During the pendency of the Civil Suit, the defendant No. 5 expired on 18.03.2023 and the respondent No. 4/plaintiff filed CMA No. 435/2023 for substitution of defendant No. 5 by his legal heir. The learned counsel submits that the legal heir of the defendant No. 5
Substitution of a deceased defendant in civil proceedings must comply with procedural rules, including timely application and proper notice to all parties.
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.
Substitution of legal heirs – Under Order 22 Rule 4(1)(3) of C.P.C., application has to be made within time prescribed in law for substituting heirs of defendant and suit would abate only when said a....
The court confirmed the allowance of substitution for deceased respondents under procedural rules and addressed delay condonation based on party conduct.
An appeal filed against a deceased sole defendant is a nullity; proper procedure requires withdrawal of the appeal with liberty to file a fresh one involving the legal heirs.
Legal representatives of deceased parties can seek substitution; amendments to pleadings are permitted to promote effective adjudication and safeguard substantive rights over rigid procedural complia....
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