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IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Narendra Singh Dhaddha, J.
Jahanvi Devi – Appellant
Versus
State – Respondent
S.B. Civil First Appeal No. 170 of 2002
Decided On : 30-10-2023
| Table of Content |
|---|
| 1. legal succession and application for name deletion. (Para 1 , 2) |
| 2. order to delete deceased appellants' names. (Para 3) |
ORDER :
1. An application (I.A. No. 1/2023) has been filed by the appellant under Order 22, Rule 3 read with section 151 CPC.
2. Learned counsel for the appellant submits that the appellant No. 1- Smt. Jahavni Devi died on 05.05.2022 and appellant No. 2- Mayuraj Singh died on 23.04.2022. He further submits that so far as the Mayuraj Singh is concerned, he was successor of Smt. Jahavni Devi but he expried on 23.04.2022 and subsequently Smt. Jahavni Devi died on 05.05.2022. He further submits that the appellant No. 3- Jayeshwari Devi @ Joyeshwari Singh is the sole successor of appellant No. 1 Smt. Jahavni Devi and she is one of the party to the appeal also. He further submits that appellant No. 2-Mayuraj Singh(since deceased) during his life time, executed a Will deed on 26.07.2017 in favour of appellant No. 3- applicant and by way of the said Will, he bequeathed Jwellery, movable assets viz. amount lying in the bank, amount of PPF, FD, shares, debentures and other assets. Therefore, by virtue of the said Will, the appellant No. 3- Jayeshwari Devi @ Joyeshwari Singh is the legal successor of the Mayuraj Singh. He has prayed that since the appellant No. 3-applicant being one of the appellant is already on record, name of appellant No. 1 Smt. Jahavni Devi & appellant No. 2-Mayuraj Singh be deleted from the array of the appellants.
3. For the reasons stated in the application, the same is allowed and name of appellant No. 1 Smt. Jahavni Devi & appellant No. 2-Mayuraj Singh is ordered to be deleted from the array of the appellants. Amended cause title be filed within two weeks from today.
The court determined that surviving legal successors have the right to continue an appeal where prior appellants have died, particularly under succession law relating to a valid Will.
The amendment of cause title following an appellant's death allows inclusion of legal heirs as proper parties.
A party's legal representative cannot substitute the deceased if there is a conflict of interest with existing parties, maintaining judicial integrity.
The legal principle established relates to the substitution of heirs and continuing an appeal despite the demise of original parties.
Legal heirs are permitted to substitute deceased petitioners in ongoing proceedings.
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