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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE RAJESH SHANKAR, J
Nawal Kishore Singh – Appellant
Versus
State Of Jharkhand – Respondent
JUDGMENT :
RAJESH SHANKAR, J.
I.A. No.2361 of 2007 :
1. The present interlocutory application has been filed on behalf of the petitioners seeking amendment in the writ petition primarily challenging the order dated 15th June, 2006 passed by the Circle Officer, Medininagar, Palamau.
2. Learned counsel for the petitioners submits that pursuant to filing of the writ petition, the Circle Officer, Medininagar, Palamau vide order dated 15th June, 2006 directed the Halka Karmchari to cancel the demand running in the name of the petitioners with respect to the land appertaining to Khata No.216, Plot No.1010 of Village-Singrakala, Circle and P.S.-Medininagar, Thana No.125, District-Palamau measuring an area of 5.50 acres and also directed to open a demand with respect to 3.50 acres land of the said plot and khata in favour of the respondent no.5, a copy of which has been annexed as Annexure-8 to the present interlocutory application. It is Further submitted that permitting the petitioners to challenge the said order will not change the nature of the present writ petition.
3. Having heard learned counsel for the parties and for the reasons stated in the present interlocutory application, the peti
The court allows amendments to a writ petition to include challenges to administrative orders and permits substitution of deceased parties with their legal representatives.
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.
Legal representatives may substitute deceased parties in ongoing litigation, ensuring due process is followed to uphold justice.
Substitution of legal representatives of deceased parties in ongoing proceedings is permissible under the Civil Procedure Code to ensure continuity of the case.
The main legal point established in the judgment is the importance of adhering to principles of natural justice and legal provisions in passing orders and allowing impleadment in cases.
Legal representatives must be substituted in ongoing proceedings upon the death of a party to ensure proper continuation of the case.
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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