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IN THE HIGH COURT OF JHARKHAND AT RANCHI
PRADEEP KUMAR SRIVASTAVA
Samundari Kaur – Appellant
Versus
Rajeshwar Singh – Respondent
JUDGMENT :
1. Pursuant to order dated 09.11.2022, notices were issued upon respondent nos. 4 & 5. Service report of notice reveals that notice have been received by grandson.
2. Considering the same, notice upon the respondent nos. 4 & 5 is deemed to be validly served.
3. It further appears that respondent nos. 1 & 7 to 9 have appeared through learned counsel by filing Vakalatnama.
4. It further appears that notices served upon respondent nos. 2(a) to 2(g), 3(a) to 3(c), 6(a) to 6(c) & 10(a) to 10(b).
I.A. No. 4490 of 2023
5. I.A. No. 4490 of 2023 has been filed for substitution of legal heirs of respondent no. 7 namely, Lallu Sao, who died during pendency of this second appeal on 15.04.2023, leaving behind his legal heirs and representatives, as mentioned in Para-3 of the said I.A.
6. Learned counsel for the appellants has submitted that the substitution petition being I.A. No. 4490 of 2023 has been filed within time, as such, the same be allowed and names of legal heirs and representative of respondent no. 7 may be incorporated in the memo of appeal in place of respondent no. 7.
7. Considering such submission, I.A. No. 4490 of 2023 is allowed.
8. Learned counsel for the appellants is dire
Substitution of legal heirs in ongoing appeals is essential for proper representation and continuation of proceedings, especially when applications are filed within the stipulated time.
The court allowed substitution of legal heirs in appeals, ensuring compliance with procedural requirements.
Substitution of legal heirs is permissible in pending appeals, provided procedural requirements are met.
The court affirmed the necessity of formal substitute procedures in legal proceedings regarding deceased parties.
The court confirmed the validity of substitution applications for deceased parties within the statutory limit, necessitating amendments to relevant decrees.
Substitution of legal representatives of deceased parties in ongoing proceedings is permissible under the Civil Procedure Code to ensure continuity of the case.
Legal procedures for substituting parties in an appeal following the death of an appellant are crucial for maintaining the integrity of the judicial process.
Notice to proposed legal heirs is mandatory before their substitution in a suit, safeguarding rights under the principle of natural justice.
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