Substitution of legal representatives for deceased parties in proceedings where no objection from other parties exists is permissible under procedural law.

JUDGMENT :

RAJESH SHANKA, J.

Learned counsel for the petitioners confines the present interlocutory application with respect to substitution of the petitioner nos. 2, 8, 19 and 21 and for deletion of the petitioner no. 13.

2. So far as the prayer for substitution of the respondent nos. 1 and 3 is concerned, learned counsel for the petitioners prays for and is allowed to prefer another interlocutory application for the said purpose.

3. The petitioners have also filed I.A. No. 2151 of 2024 seeking condonation of delay in filing the substitution petition i.e., I.A. No. 1677 of 2024.

4. Learned counsel for the petitioners submits that the petitioner no. 2 – Dukhia Hansda, the petitioner 8 – Bablu Soren, the petitioner no. 13 – Betka Murmu, the petitioner no. 19 – Sujan Turi and the petitioner no. 21 – Bishwanath Das have died during pendency of the writ petition on 08.10.2023, 18.01.2021, 18.05.2023, 15.01.2023 and 17.07.2019 respectively. The petitioner nos. 2, 8, 19 and 21 have left behind their heirs/legal representatives, whose descriptions have been given in paragraph nos. 2, 3, 4 and 5 respectively of the present interlocutory application. So far as the petitioner no. 13 is concerned, he has died issueless. The said statement has been made in paragraph no. 1 of the present interlocutory application. Under the said circumstance, the heirs/legal representatives of the petitioner nos. 2, 8, 19 and 21 may be permitted to be substituted in place of the deceased petitioners and the name of the petitioner no. 13 may be permitted to be deleted from the array of the parties.

5. Learned counsel appearing on behalf of the respective respondents have no objection to the said prayer.

6. Having heard learned counsel for the parties and for the reasons stated in the present interlocutory application, let the heirs/legal representatives of the deceased petitioner nos. 2, 8, 19 and 21, whose descriptions have been given in paragraph nos. 2, 3, 4 and 5 respectively of the present interlocutory application be substituted in place of the respective deceased petitioners.

7. So far as the respondent no. 13 is concerned, let his name be deleted from the cause title of the writ petition.

8. I.A. No. 1677 of 2024 and I.A. No. 2151 of 2024 stand disposed of.

W.P.(C) No. 1589 of 2019

9. Let necessary substitution/deletion in the cause title of the writ petition be made by learned counsel for the petitioners in course of the day.

10. Learned counsel for the petitioners is directed to file an amended memo of parties/cause title of the writ petition within two

11. Put up this case under the same heading after three

12. Office to verity as to whether Vakalatnama(s) on behalf of all the newly substituted petitioners have been filed and to report accordingly.