IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Dilip Khalkho and Others - Appellants
Versus
The State of Jharkhand and Others - Respondents
W.P. (C) No. 6230 of 2015
Decided On : 06-02-2025
| 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 respondent nos.3 and 6 would be considered first.
2. I.A. No.1491 of 2016 has been filed on behalf of the petitioners seeking factual correction/modification in paragraph no.5 of the writ petition, whereas, rejoinder to the intervention application has been filed on behalf of the petitioners questioning the actual identity of the applicant-Charwa Oraon.
3. Under the said circumstance, the Officer-in-Charge of the Mandar Police Station is directed to make an inquiry with respect to the identity and whereabouts of the applicant- Charwa Oraon s/o Late Temba Oraon, resident of Vilage- Mandar, P.O. & P.S. Mandar, District-Ranchi, Jharkhand and to submit a report within a period of four weeks.
I.A. No. 5309 of 2021:
4. The present interlocutory application has been filed on behalf of the petitioners for substitution of the respondent no.3, namely, Albert Khalkho who has died during pendency of the writ petition.
5. Learned counsel for the petitioners submits that the respondent no.3 has died during pendency of the writ petition on 13th October, 2019. A copy of his death certificate has been annexed as Annexure-A to the present interlocutory application. It is further submitted that the deceased respondent no.3 had two sons, namely, Sandeep Khalkho and Chaman Khalkho and out of them, the second son Chaman Khalkho had pre-deceased his father leaving behind his widow, namely, Bishun Khalkho. The description of the said heirs/legal representatives of the deceased respondent no.3 has been given in paragraph no.3 of the present interlocutory application. Hence, the said heirs/legal representatives of the deceased respondent no.3 may be permitted to be substituted in his place.
6. Having heard the learned counsel for the parties and for the reasons stated in the present interlocutory application, let the deceased respondent no.3 be substituted with his heirs/legal representatives whose descriptions have been given in paragraph no.3 of the present interlocutory application.
7. Necessary substitution in the cause title of the writ petition be made by the counsel for the petitioners in course of the day.
8. I.A. No.5309 of 2021 stands disposed of.
I.A. No. 9128 of 2022:
9. The present interlocutory application has been filed on behalf of the petitioners for substitution of the respondent no.6, namely, Laxman Oraon @ Laxman Khalkho who has died during pendency of the writ petition.
10. Learned counsel for the petitioners submits that the respondent no.6 had died on 21st February, 2012 that is prior to filing of the writ petition. The petitioners came to know about the death of the respondent no.6 through I.A. No.8513 of 2022 filed on behalf of the legal representative of the respondent no.6 on 13th September, 2022. It is further submitted that the deceased respondent no.6 has left
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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