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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Rajesh Shankar
Sarju Hansda – Appellant
Versus
Imanuel Murmu – Respondent
| Table of Content |
|---|
| 1. filing i.as and condonation of delay (Para 1 , 3) |
| 2. court allows substitution and deletion of parties. (Para 2 , 5) |
| 3. substitution of deceased petitioners' heirs (Para 4) |
| 4. court's acceptance of substitutions and deletions (Para 6 , 7) |
| 5. final orders on substitutions and case management (Para 8 , 9 , 10 , 11 , 12) |
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
Substitution of legal representatives for deceased parties in proceedings where no objection from other parties exists is permissible under procedural law.
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 of deceased parties in ongoing proceedings is permissible under the Civil Procedure Code to ensure continuity of the case.
Substitution of deceased parties under procedural rules is permissible when timely notice was not received, balancing the interests of justice.
The court confirmed the validity of substitution applications for deceased parties within the statutory limit, necessitating amendments to relevant decrees.
Delay in filing substitution petition can be condoned if a satisfactory explanation is provided.
Substitution of legal heirs in a pending case is permissible when justified, ensuring continuance of legal proceedings despite the death of the original petitioner.
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