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2025 Supreme(Jhk) 590
IN THE HIGH COURT OF JHARKHAND AT RANCHI
PRADEEP KUMAR SRIVASTAVA, J.
Samundari Kaur & Others - Appellants
Versus
Rajeshwar Singh & Others - Respondents
S.A. No. 300 of 2004
Decided on : 07-05-2025
Advocate Appeared:
For the Appellants :Mr. K.K. Ambastha, Advocate.
For the Respondents:Miss. Manjulika Horo, Advocate
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.
Headnote:(A) Civil Procedure Code, 1908 - Order 22 - Substitution of legal heirs - Applications for substitution of legal heirs of deceased parties filed within time - Substitution allowed for legal heirs of respondent and appellants who died during pendency of appeal - Notice to be issued to substituted legal heirs. (Paras 5, 10, 12)
(B) Legal heirs - The court emphasized the necessity of substituting legal heirs in ongoing proceedings to ensure proper representation and continuation of the case. (Paras 6, 11)
Facts of the case:
The judgment involves the substitution of legal heirs for deceased parties during the pendency of a second appeal, specifically for respondent no. 7 and appellants 1(b) and 1(g). The applications for substitution were filed within the stipulated time frame.
Findings of Court:
The court allowed the substitution applications and directed the incorporation of legal heirs' names in the memo of appeal, ensuring that notices are issued to them.
Issues: The main issues addressed were the validity of substitution applications and the proper procedure for incorporating legal heirs into ongoing appeals.
Ratio Decidendi: The court ruled that substitution of legal heirs is essential for the continuation of legal proceedings, and applications filed within time should be allowed to ensure justice and proper representation.
Result: Applications for substitution allowed.
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 directed to delete the name of respondent no. 7 from the memo of appeal and in his place, incorporate the names of legal heirs/representatives of respondent no. 7 with red ink.
9. Let notice be issued upon the substituted legal heirs of respondent no. 7, under registered cover with A/D as well under ordinary process, for which requisites etc. must be filed after one week of Summer Vacation.
I.A. No. 3213 of 2024
10. I.A. No. 3213 of 2024 has been filed for substitution of legal heirs of appellant no. 1(b) namely, Rama Prasad Singh, who died during pendency of this second appeal on 16.02.2024, leaving behind his legal heirs and representatives, as mentioned in Para-3 of the said I.A. and also for substitution of legal heirs of appellant no. 1(g) namely, Binod Prasad Singh, who died during pendency of this second appeal on 12.02.2024, leaving behind his legal heirs and representatives, as mentioned in Para-4 of the said I.A.
11. Learned counsel for the appellants has submitted that the substitution petition being I.A. No. 3213 of 2024 has been filed within time, as such, the same be allowed and names of legal heirs and representative of appellant nos. 1(b) & 1(g) may be incorporated in the memo of appeal in place of appellant nos. 1(b) & 1(g).
12. Considering such submission, I.A. No. 3213 of 2024 is allowed.
13. Learned counsel for the appellants is directed to delete the name of appellant nos. 1(b) & 1(g) from the memo of appeal and in their place, incorporate the names of legal heirs / representatives of appellant nos. 1(b) & 1(g) with red ink.
14. Let notice be issued upon the substituted legal heirs of appellant nos. 1(b) & 1(g), under registered cover with A/D as well under ordinary process, for which requisites etc. must be filed after one week of Summer Vacation.
15. List this case after receipt of service report of notice.
