Substitution of legal representatives of deceased parties in ongoing proceedings is permissible under the Civil Procedure Code to ensure continuity of the case.

ORDER :

RAJESH SHANKAR, J.

I.A. No. 3257 of 2022 has been filed on behalf of the petitioners for substitution of the respondent no. 3 - Sudarsan Kapri who has died during pendency of the writ petition.

2. Learned counsel for the petitioners submits that the respondent no. 3 – Sudarsan Kapri has died during pendency of the writ petition leaving behind his son namely Arjun Prasad Yadav as his heir/legal representative whose description has been given in paragraph-3 of I.A. No. 3257 of 2022. Hence, he may be permitted to be substituted in place of the deceased respondent no. 3.

3. Reference may be made to order dated 18.04.2022 whereby notice was issued to the heir of the deceased respondent no. 3 namely Arjun Prasad Yadav through speed-post.

4. It has been reported by the office that tracking report of the said notice issued to the proposed heir of the respondent no. 3 through speed-post is not available in the website of India Post. Moreover, no Vakalatnama has yet been filed on behalf of the proposed heir of the respondent no. 3.

5. Having heard learned counsel for the parties and for the reasons stated in the present interlocutory application, let the deceased respondent no. 3 be substituted with his heir/legal representative namely Arjun Prasad Yadav whose description has been given in paragraph-3 of the present interlocutory application.

6. I.A. No. 3257 of 2022 stands disposed of.

7. I.A. No. 3459 of 2022 has been filed on behalf of the petitioners for substitution of the petitioner no. 2 – Kangresh Choudhary who died during pendency of the writ petition.

8. Learned counsel for the petitioners submits that the petitioner no. 2 – Kangresh Choudhary has died during pendency of the writ petition on 24.11.2018 leaving behind his wife namely Shakuntala Devi as his heir/legal representative whose description has been given in paragraph-3 of I.A. No. 3459 of 2022. Hence, she may be permitted to be substituted in place of the deceased petitioner no. 2.

9. Having heard learned counsel for the parties and for the reasons stated in the present interlocutory application, let the deceased petitioner no. 2 be substituted with his heir/legal representative whose description has been given in paragraph-3 of the present interlocutory application.

10. I.A. No. 3459 of 2022 stands disposed of.

11. Necessary substitution in the cause title of the writ petition be made by the counsel for the petitioners in course of the day.

12. Learned counsel for the petitioners undertakes to file Vakalatnama on behalf of the newly substituted petitioner no. 2 within two weeks.

13. Issue fresh notice to the newly substituted respondent no. 3 through ordinary process for which requisites etc. must be filed by 30.01.2025.

14. Put up this case after six weeks under appropriate heading.