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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J
Manohar Gupta – Appellant
Versus
State Of Jharkhand – Respondent
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 cours
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.
Substitution of legal representatives of deceased parties in ongoing proceedings is permissible under the Civil Procedure Code to ensure continuity of the case.
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