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INDERJEET SINGH
Pushpakanta – Appellant
Versus
Krishna Kumar – Respondent
ORDER :
(Inderjeet Singh, J.)
These writ petitions have been filed by the petitioner-applicant challenging the order dated 13.07.2023 passed by the trial court whereby the application filed on behalf of the petitioner-applicant under Order 22, Rule 10, Order 1, Rule 10 read with section 151 CPC was dismissed.
2. Brief facts of the case are that the respondents-plaintiffs filed a suit for partition against the petitioner-applicant. During pendency of the said suit proceedings the defendant No.1- (Rameshwari Devi) died and after her death the legal representatives of the defendant No.1 (Rameshwari Devi) were taken on record by the trial court vide its order dated 22.10.2018 and husband of the petitioner was also taken on record as legal representative of the deceased-defendant No.1 (Rameshwari Devi). After one year of death of the deceased-defendant No.1 (Rameshwari Devi) the petitioner-applicant filed an application under Order 22, Rule 10, Order 1, Rule 10 read with section 151 CPC which was dismissed by the trial court. Hence, these writ petitions have been filed by the petitioner-applicant challenging the order dated 13.07.2023 passed by the trial court.
3. Counsel for the petitio
A party must produce original documents such as a 'Will' to substantiate their claim for legal representation in a proceeding; failure leads to dismissal of the application.
A party's right to continue litigation following a party's death is preserved under CPC, allowing substitution even if the initial application cites the wrong procedural rule, emphasizing the continu....
Procedural rules under O.22, CPC should advance justice and not penalize parties for minor delays.
The amendment to Order XXII Rule 4 of the CPC aims to ensure the continuation and culmination of effective adjudication and to prevent the proceedings from coming to an end summarily due to the death....
A decree against a deceased party is void; however, the legal heirs have the discretion to treat it as valid or challenge it, as reaffirmed by the court.
The main legal point established in the judgment is that the legatees under a Will become legal representatives and when the execution of a Will is disputed, an inquiry must be held as per Order XXII....
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