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IN THE HIGH COURT OF JHARKHAND, RANCH
SANJAY KUMAR DWIVEDI, J.
Kedar Nath Sah, Sons Of Late Jagarnath Sah – Appellant
Versus
Laxmi Narayan Sah Son Of Late Jogender Prasad Sah – Respondent
JUDGMENT :
1. Heard the learned counsel for the petitioner as well as the learned counsel for the Opposite party nos. 1, 2 and 3.
2. This petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 09.06.2023 passed in Original Suit No.81 of 2017 wherein the petition filed by the petitioner/defendant for abating the suit as the plaintiff no.1 namely Dwarika Prasad Sah died on 30.11.2018 and has not been substituted even after five years but the learned court has been pleased to allow the substitution petition.
3. The learned counsel for the petitioner submits that the Original Suit No.81 of 2017 was instituted for distribution of money among the co-sharer. He further submits that plaintiff no.1 died on 13.11.2018 and plaintiff no.5 died on 05.12.2017 and they were not substituted and subsequently, the petition dated 25.4.2023 has been filed for substituting the name of legal heirs/successors of plaintiff nos.1 and 5 which has been allowed by the learned court by the order dated 09.06.2023. He submits that in this background, the petitioner who is defendant in the suit, has filed a petition for declaring that the suit has already been abated
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.
A simple prayer for substitution of legal heirs implicitly includes a request to set aside abatement, allowing cases to proceed on merits despite procedural delays.
Procedural missteps should not prevent justice; courts have discretion to allow substitution and condonation of delay in civil proceedings.
Procedural rules must be interpreted liberally to facilitate justice, allowing for substitutions in cases of death even if not filed under the correct provision, asserting intent over strict technica....
Courts can consolidate interrelated applications for substitution and delay condonation, and procedural rules should not impede the pursuit of justice.
Substitution – A simple prayer for bringing legal representatives on record without specifically praying for setting aside of abatement may in substance be construed as a prayer for setting aside aba....
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....
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