Back
IN THE HIGH COURT OF JHARKHAND, RANCHI
SANJAY KUMAR DWIVEDI
Renuka Khalkho – Appellant
Versus
Mahendra Kumar Toppo, S/o Late Kali Toppo – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard learned counsel appearing for the petitioner and learned counsel appearing for the opposite party No.1.
2. Notice upon the opposite party Nos.2 to 5 has been effected, however, they have chosen not to appear before the Court and on 24.03.2025 with a view to provide one more opportunity to them the matter was adjourned and in spite of that they have not appeared, as such this petition is being heard in absence of opposite party Nos.2 to 5.
3. This petition has been filed under Article 227 of the Constitution of India for setting aside of the order dated 28.07.2023 passed by learned Civil Judge (Senior Division)-II-cum-LA Judge, Ranchi in MCA No.219 of 2023 arising out of Misc. Case No.126 of 2018 whereby the learned Court has been pleased to allow the same petition dated 24.02.2023 under Order 6 Rule 17 of CPC.
4. Mr. Dilip Kr. Prasad, learned counsel appearing for the petitioner submits that the Title Suit No.317 of 2007 was dismissed for default by order dated 31.08.2018. He submits that thereafter petition under Order IX Rule 4 of CPC was filed for restoration of Original Suit No.317 of 2007 and opposite party No.6 has already died and in spit
Orders against deceased parties are nullities; proper substitution of legal heirs is essential in ongoing litigation.
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....
Procedural missteps should not prevent justice; courts have discretion to allow substitution and condonation of delay in civil proceedings.
Orders passed against deceased parties are nullities and require legal representation for validity.
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....
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.
Merely because the evidence of respondent/defendant and Prabhakar Rao (PW-2) was not repeated all over again, it cannot be held that the appellant/ plaintiff could be non-suited on this ground.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
