IN THE HIGH COURT OF JHARKHAND AT RANCHI
Rajesh Shankar, J
Kameshwar Choudhary – Appellant
Versus
State Of Jharkhand – Respondent
ORDER :
RAJESH SHANKAR, J.
1. Reference may be made to the order dated 3rd September, 2024, which reads as under:-
“1. For compliance of the order dated 08.01.2024, further adjournment has been sought for by the learned counsel for the State.
2. It appears that respondent No.22 is no more and as such learned counsel for the petitioner is permitted to file the substitution petition.
3. Learned counsel for the State is also directed to make an enquiry and submit a report regarding the live status of the parties in the present proceeding.
4. As prayed for, put up this case on 15.10.2024.”
2. The writ petition was, thereafter, taken up on 15th October, 2024 and on the said date following order was passed:-
“ Counsel for the parties are present.
2. By virtue of order dated 03.09.2024 the State was directed to make an enquiry and submit a report regarding the live status of the parties in the present proceeding.
3. The counsel for the State has submitted that report has not been filed in the present case.
4. In order to facilitate the conduct of the enquiry by the State, the counsel for the petitioners is directed to file self- attested copies of Aadhar Card of each of the petitioners by way of sup
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 representatives of deceased parties in ongoing proceedings is permissible under the Civil Procedure Code to ensure continuity of the case.
Legal representatives must be substituted in ongoing proceedings upon the death of a party to ensure proper continuation of the case.
Legal representatives may substitute deceased parties in ongoing litigation, ensuring due process is followed to uphold justice.
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.
Proper representation of parties in court proceedings is essential for a fair hearing.
The court affirmed that substitution of deceased parties must follow due legal formalities, particularly in cases involving contested claims against a probated Will.
The court allowed the application to condone delay in filing substitution due to the appellant's lack of knowledge regarding the deceased's death.
Legal heirs are permitted to substitute deceased petitioners in ongoing proceedings.
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