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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Dilip Khalkho – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. introduction of interlocutory applications and identity issues. (Para 1 , 2) |
| 2. court's direction for inquiries and necessary substitutions based on applications. (Para 3 , 6 , 11) |
| 3. substitution of deceased respondent no.3 with legal representatives. (Para 4 , 5) |
| 4. procedural requirements for substitution of parties. (Para 8) |
| 5. substitution of deceased respondent no.6 with legal representative. (Para 9 , 10) |
| 6. orders regarding the future proceedings in the case. (Para 12) |
| 7. administrative orders regarding status quo and compliance. (Para 14 , 16 , 17 , 18 , 19) |
ORDER :
1. Reference may be made to the order dated 6th September, 2021, whereby the petitioners were directed to file rejoinder to I.A. No.4232 of 2016 filed for intervention in the writ petition. They were also granted time to file substitution petitions for impleadment of legal heirs of the respondent no.3, namely, Albert Khalkho and respondent no.6, namely, Laxman Oraon @ Laxman Khalkho. It was further observed in the said order that the said intervention application filed for arraying the intervener-Charwa Oraon, son of Late Temba Oraon and substitution petitions to be filed for substitution of the resp
Legal representatives may substitute deceased parties in ongoing litigation, ensuring due process is followed to uphold justice.
Substitution of parties in ongoing litigation is valid when consented by surviving parties, ensuring procedural compliance for representation of deceased respondents.
Substitution of legal representatives of deceased parties in ongoing proceedings is permissible under the Civil Procedure Code to ensure continuity of the case.
Substitution of legal representatives for deceased parties in proceedings where no objection from other parties exists is permissible under procedural law.
Legal representatives must be substituted in ongoing proceedings upon the death of a party to ensure proper continuation of the case.
Substitution of legal heirs in a pending case is permissible when justified, ensuring continuance of legal proceedings despite the death of the original petitioner.
Substituting deceased respondents in appeals must consider parties' knowledge of deaths and allowed delays in filing.
The court confirmed the validity of substitution applications for deceased parties within the statutory limit, necessitating amendments to relevant decrees.
The court allows amendments to a writ petition to include challenges to administrative orders and permits substitution of deceased parties with their legal representatives.
The court emphasizes the importance of compliance with procedural orders regarding the substitution of deceased parties and verification of live status in ongoing proceedings.
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