Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Rajesh Shankar, J
Balram Choudhary – Appellant
Versus
Jayant Kumar Manjhi – Respondent
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 substi
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.
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.
The court emphasizes the importance of compliance with procedural orders regarding the substitution of deceased parties and verification of live status in ongoing proceedings.
The court allowed substitution of legal heirs in appeals, ensuring compliance with procedural requirements.
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
