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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI, J.
Ravi Mahto – Appellant
Versus
Dhaneshwar Mahto – Respondent
JUDGMENT :
(Sanjay Kumar Dwivedi, J.)
Heard Mr. D.K. Prasad, learned counsel appearing for the petitioners and Mr. Om Prakash, learned counsel appearing for the O.P.Nos. 1 to 4, who are the contesting opposite parties.
2. This petition has been filed under Article 227 of the Constitution of India, wherein prayer has been made for setting aside the order dated 09.05.2024, passed in M.C.A. No. 614 of 2023 [arising out of Original Suit No. 242 of 2019], by the learned Civil Judge (Jr. Div.), Ranchi, whereby, the petition for substitution has been allowed by the learned court.
3. Mr. D.K. Prasad, learned counsel appearing for the petitioners submits that the defendant No. 1 has left for his heavenly abode on 14.10.2022 and the learned court has allowed the prayer for deletion of the name of defendant No. 1 on 29.11.2021. He submits that the learned court has not found sufficient ground for condoning the delay, however, allowed the same in absence of any petition for substitution, the same has been done, in view of that the impugned order is not in accordance with law. He submits that the prayer of setting aside abatement was also not made.
4. Mr. Om Prakash, learned counsel appearing for th
Courts can consolidate interrelated applications for substitution and delay condonation, and procedural rules should not impede the pursuit of justice.
The court affirmed the principle that procedural rules should receive liberal construction to ensure justice is served, specifically in applications for condonation of delay and substitution of legal....
Procedural missteps should not prevent justice; courts have discretion to allow substitution and condonation of delay in civil proceedings.
A substitution application for a deceased party can be allowed despite delays if sufficient cause is shown, and the absence of formal condonation is not fatal.
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....
A request to bring legal representatives on record implicitly includes a request to set aside abatement, allowing courts to adopt a justice-oriented approach in such matters.
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....
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