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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
Niranjan Mahto – Appellant
Versus
Deputy Commissioner, Ranchi – Respondent
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
I.A. No. 236 of 2025 with I.A. No. 3030 of 2025
1. Learned counsel for the appellants has submitted that I.A. No. 236 of 2025 has been filed under Order I Rule 10, Order XXII Rule 3 & 9 read with Section 151 of CPC for addition of party. He submits that the plaintiff No. 4, namely, Shankar Mahto had expired during trial on 23.05.2023 and the suit was decided vide judgment dated 29.02.2024, but the plaintiff No. 4 was never substituted and consequently the judgment and decree is interalia in connection with a person who had already expired. He submits that the legal heirs and successors of plaintiff No. 4 have already appeared pursuant to notice issued by this Court and they may be formally added as performa respondents.
2. The learned counsel has further submitted that I.A. No. 3030 of 2025 has been filed seeking condonation of delay of 497 days for substitution of legal heirs of original plaintiff No. 4.
3. The learned counsel for the respondents has opposed the prayer and has submitted that the two heirs of plaintiff No. 4 was sufficiently represented before the Court and therefore no useful purpose will be served by adding them party in this proc
The court held that failure to substitute a deceased party in a suit can render the judgment a nullity, allowing for the addition of legal heirs and condonation of delay in substitution.
Delay in filing substitution petition can be condoned if a satisfactory explanation is provided.
Procedural compliance is essential in civil litigation, and while courts may exercise discretion to overlook minor lapses, parties must follow established procedures to avoid abatement and ensure jus....
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