Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE RAJESH SHANKAR, J
Sadik Miyan – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
RAJESH SHANKAR, J.
I.A. No.2273 of 2024:
1. The present interlocutory application has been filed by the applicants-sons of the original petitioner-Sadik Miyan for their substitution in this case.
2. Learned counsel for the applicants submits that the original petitioner-Sadik Miyan has died during the pendency of the writ petition on 12th August, 2017 leaving behind six sons (the applicants) as his heirs/legal representatives. Hence, they may be permitted to be substituted in place of the deceased petitioner.
3. Pursuant to the order dated 5th August, 2024, a supplementary counter affidavit has been filed on behalf of the respondent no.6.
4. Mr. Sanjay Kumar Tiwari, learned S.C.-I, refers to paragraph no.7 of the supplementary counter affidavit filed on behalf of the respondent no.6, which reads as under:
“7. That in compliance of the order dated 05.08.2024, an enquiry was conducted for the same through holding a Gram Sabha at Panchayat Bhawan, Ghutua on 20.08.2024. It was found that Sadik Miyan died on 12.08.2017 leaving behind six sons namely 1) Kayum Ansari 2) Kudus Ansari 3) Md. Manzoor Ali 4) Anwar Hussain 5) Mahtab Alam 6) Intaf Alam and two daughters 1) Sabila Khatoon 2) Z
Legal representatives must be substituted in ongoing proceedings upon the death of a party to ensure proper continuation of the case.
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 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.
The court emphasizes the importance of compliance with procedural orders regarding the substitution of deceased parties and verification of live status in ongoing proceedings.
Substitution of legal heirs in a pending case is permissible when justified, ensuring continuance of legal proceedings despite the death of the original petitioner.
Legal heirs are permitted to substitute deceased petitioners in ongoing proceedings.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
