IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Manohar Gupta - Appellant
Vs.
The State Of Jharkhand & Ors. - Respondent
W.P. (C) No.4542 of 2015
Decided On : 25-02-2025
(A) Writ Petition - Correction of name in cause title - Interlocutory applications filed for amending the name of the deceased petitioner from 'Manohar Gupta' to 'Manohar Prasad Gupta' and for substituting the legal representatives - Court permitted the amendment and substitution of heirs in the writ petition. (Paras 2, 3, 6, 7)
Facts of the case:
The original petitioner, Manohar Prasad Gupta, passed away during the pendency of the writ petition, prompting the need to correct his name in the cause title and substitute his legal representatives.
Findings of Court:
The court allowed the amendment of the name and substitution of the deceased petitioner's heirs, ensuring that the legal representatives could continue the proceedings.
Issues: The main issues were the correction of the petitioner's name and the substitution of his legal representatives following his death.
Ratio Decidendi: The court emphasized the necessity of accurately reflecting the names and legal standing of parties in litigation, particularly in cases involving deceased individuals.
Result: Interlocutory applications allowed.
ORDER :
RAJESH SHANKAR, J.
I.A. No.2371 of 2025 :
1. The present interlocutory application has been filed seeking correction in the name of the original petitioner as mentioned in the cause title of the writ petition.
2. Learned counsel for the petitioner submits that the name of the original petitioner (since deceased) has wrongly been mentioned in the cause title of the writ petition as ‘Manohar Gupta’ instead of ‘Manohar Prasad Gupta’. The actual name of the original petitioner has been mentioned as Manohar Prasad Gupta in the death certificate. A copy of his death certificate has been annexed as Annexure-1 to the present interlocutory application. Under the said circumstance, permission may be granted to amend the name of the original petitioner as Manohar Prasad Gupta @ Manohar Gupta, son of Late Jagannath Ram in the cause title of the writ petition.
3. Having heard learned counsel for the parties and for the the name of the original petitioner mentioned in the cause title of the writ petition be amended as Manohar Prasad Gupta @ Manohar Gupta, son of Late Jagannath Ram.
4. Necessary amendment in the cause title of the writ petition be made by the counsel for the petitioner in course of the day.
I.A. No.2370 of 2025:
5. The present interlocutory application has been filed by the applicant-Jitendra Kumar Gupta for substitution of sole petitioner-Manohar Prasad Gupta @ Manohar Gupta.
6. Learned counsel for the applicant-Jitendra Kumar Gupta submits that the sole petitioner-Manohar Prasad Gupta @ Manohar Gupta has died during the pendency of the writ petition on 13th September, 2022 leaving behind his widow, son-Jitendra Kumar Gupta (the applicant) and married daughter-Preeti Gupta whose descriptions have been given in paragraph no.1 of the present interlocutory application. Hence, they may be permitted to be substituted in place of the deceased sole petitioner.
7. Having heard learned counsel for the parties and for the reasons stated in the present interlocutory application, let the heirs/legal representatives of the deceased sole petitioner, whose descriptions have been given in paragraph no.1 of the present interlocutory application, be substituted in his place.
8. Necessary substitution in the cause title of the writ petition be made by the counsel for the petitioner in course of the day.
9. I.A. No.2370 of 2025 is, accordingly, disposed of.
I.A. No.3830 of 2023:
10. Learned counsel for the petitioner does not press the present interlocutory application in view of order passed in I.A. No.2370 of 2025.
11. I.A. No.3830 of 2023 is, accordingly, dismissed as not pressed.
W.P. (C) No.4542 of 2015:
12. Learned counsel for the newly substituted petitioners submits that Vakalatnama on their behalf has been filed along with I.A. No.3830 of 2023.
13. Put up this case under appropriate heading after six weeks.
The court affirmed the importance of accurately amending party names and substituting legal representatives in ongoing proceedings following a party's death.
Modification of court order's cause title for deceased petitioner is permissible to ensure justice.
The court allowed corrections in the cause title of a writ petition to reflect the accurate identity of the petitioner, emphasizing the importance of proper representation in legal documents.
Substitution of legal representatives for deceased parties in proceedings where no objection from other parties exists is permissible under procedural law.
Legal heirs are permitted to substitute deceased petitioners in ongoing proceedings.
Substitution of parties in ongoing litigation is valid when consented by surviving parties, ensuring procedural compliance for representation of deceased respondents.
The court affirmed the procedural allowance for substituting a party in case of death during the litigation process.
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