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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE BIRENDRA KUMAR, J
Radheyshyam – Appellant
Versus
Bhajan Lal – Respondent
ORDER :
BIRENDRA KUMAR, J.
1. This Civil Revision is against order dated 01.12.2023 passed in Civil Suit No.182/2020, whereby, the learned trial judge has allowed the prayer of the plaintiff to substitute the legal heirs of deceased - defendant No.7 - Radha. Prayer was made under Order XXII Rule 4 CPC along with an application filed under Section 5 of the Limitation Act for condonation of delay in making the prayer.
2. During pendency of the suit, defendant No.7 Radha died on 16.02.2022. This fact came to the notice of the plaintiff from the counsel for the respondent on 11.11.2022. Thereafter, on 18.11.2022, an application under Order XXII Rule 4 CPC was filed for substitution of legal heirs of defendant No.7 – Radha. On the same day, an application under Section 5 of the Limitation Act was also filed stating therein that the plaintiff came to know about the death of defendant No.7 – Radha only on 11.11.2022 and on the same day, filed an application to the trial court as it was date; to the effect that very soon the plaintiff would file substitution application and accordingly, substitution application was filed on 18.11.2022.
3. Learned counsel for the petitioners submits that as per
A simple prayer for substitution of legal heirs implicitly includes a request to set aside abatement, allowing cases to proceed on merits despite procedural delays.
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.
The automatic abatement of a suit due to plaintiff's death may be set aside through a substitution petition, which courts should interpret liberally to ensure justice.
Substitution of deceased parties in civil proceedings requires adherence to strict timelines under the CPC and affording notice to legal representatives, failing which valuable rights may be compromi....
The court confirmed the allowance of substitution for deceased respondents under procedural rules and addressed delay condonation based on party conduct.
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