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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Gopi Sahu S/o Late Raghunath Sahu – Appellant
Versus
Satyanarayan Kumar – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard learned counsel appearing for the petitioner and learned counsel appearing for the respondents.
2. This petition has been filed under Article 227 of the Constitution of India for quashing of the order dated 30.05.2023 passed by learned Additional Munsif, XXV, Ranchi whereby he has been pleased to allow the substitution petition dated 22.08.2022 filed in Original Suit No. 1179 of 2019 by plaintiffs/opposite parties vide MCA No. 631 of 2022 for substitution of legal heirs of the deceased defendants of said suit being defendant No. 31, defendant No. 27, defendant No. 33 and defendant No. 16.
3. Learned counsel appearing for the petitioner submits that by order dated 30th May, 2023 the learned trial court has been pleased to allow the substitution petition and condoned the delay as well as set aside the abatement. He submits that the defendant No. 31 died on 08.03.2017, defendant No. 27 died on 11.08.2018, defendant No. 33 died on 05.02.2023 and defendant No. 16 died on 15.09.2020. He submits that in view of not filing the substitution petition within time as the limitation is prescribed for 90 days the suit against those defendants have already
Procedural missteps should not prevent justice; courts have discretion to allow substitution and condonation of delay in civil proceedings.
Courts can consolidate interrelated applications for substitution and delay condonation, and procedural rules should not impede the pursuit of justice.
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.
The court emphasized a justice-oriented interpretation of procedural laws, allowing substitution of legal heirs even in cases of certain delays without mandating separate applications for abatement.
The court ruled that applications for substitution and condonation of delay can be combined, emphasizing that procedural law should serve justice rather than punish parties, thereby validating the su....
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.
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