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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Rajesh Shankar
Amrendra Prasad Singh – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. substitution of deceased respondents in a writ petition. (Para 1 , 2) |
| 2. no objection from the state regarding substitution. (Para 3 , 10) |
| 3. court permits legal representatives' substitution. (Para 4 , 11) |
| 4. court's orders on further proceedings in the writ. (Para 5 , 6 , 12 , 14 , 15) |
| 5. application for substitution based on earlier dismissed application. (Para 7 , 8 , 9) |
ORDER :
Rajesh Shankar, J.
I.A. No.1596 of 2024:
1. Learned counsel for the petitioners submits that the present interlocutory application has been filed on behalf of the petitioners for substitution of the respondent nos.5 and 14, who have died during pendency of the writ petition. It is further submitted that in advertently in paragraph no.1 of the present interlocutory application, it could not be mentioned that the same has also been filed for substitution of the respondent no.14. However, it would be evident from the prayer portion of the present interlocutory application that the same has been filed for substitution of the respondent no.5 as well as respondent no.14
2. Learned counsel for the petitioners submits that respondent no.5-Chandrika Singh has died on 7th April, 2021 whereas respondent
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 for deceased parties in proceedings where no objection from other parties exists is permissible under procedural law.
Substitution of legal representatives of deceased parties in ongoing proceedings is permissible under the Civil Procedure Code to ensure continuity of the case.
Substituting deceased respondents in appeals must consider parties' knowledge of deaths and allowed delays in filing.
Legal representatives may substitute deceased parties in ongoing litigation, ensuring due process is followed to uphold justice.
Substitution of deceased parties under procedural rules is permissible when timely notice was not received, balancing the interests of justice.
Legal representatives must be substituted in ongoing proceedings upon the death of a party to ensure proper continuation of the case.
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