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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sanjay Kumar Dwivedi
Sikendra Mahto – Appellant
Versus
Murlidhar Dangi, Son of Late Niru Mahto – Respondent
JUDGMENT :
Sanjay Kumar Dwivedi, J.
Heard Mr. Rajesh Kumar, learned counsel appearing for the petitioners, Mr. Abhishek Kumar Dubey, learned counsel appearing for the O.P. Nos. 1 to 6 and 8 and Mr. Yuvraj Singh, learned counsel appearing for the O.P. Nos. 3 to 5.
2. It appears that notice upon O.P. Nos. 7(A) to 7(C) has already been effected, however they have chosen not to appear in the matter and earlier with a view to provide one more opportunity to them, the matter was adjourned on 30.06.2025 and today also nobody has responded on behalf of them in spite of repeated calls, in view of that this petition is being heard in absence of O.P. Nos. 7(A) to 7(C).
3. This petition has been filed under Article 227 of the Constitution of India, wherein prayer has been made for setting aside the order dated 23.02.2024 passed by the learned District Judge-VII, Hazaribagh, in Civil Appeal No. 09 of 2020 [Misc. Civil Application Nos. 203 of 2022, 204 of 2022, 147 of 2023 and 426 of 2023], whereby, the learned appellate court has been pleased to allow the application filed by the opposite parties under Order-XXII Rule-3 read with Section 151 of CPC along with two limitation petitions under Section
The court ruled that applications for substitution and condonation of delay can be combined, emphasizing that procedural law should serve justice rather than punish parties, thereby validating the su....
The court emphasized a justice-oriented interpretation of procedural laws, allowing substitution of legal heirs even in cases of certain delays without mandating separate applications for abatement.
Procedural rules must be interpreted liberally to facilitate justice, allowing for substitutions in cases of death even if not filed under the correct provision, asserting intent over strict technica....
Substitution – A simple prayer for bringing legal representatives on record without specifically praying for setting aside of abatement may in substance be construed as a prayer for setting aside aba....
(1) Substitution – Limitation – Suit/appeal automatically abates when application to substitute legal representatives of deceased party is not filed within prescribed limitation period of 90 days fro....
Courts can consolidate interrelated applications for substitution and delay condonation, and procedural rules should not impede the pursuit of justice.
Legal representatives of deceased parties can seek substitution; amendments to pleadings are permitted to promote effective adjudication and safeguard substantive rights over rigid procedural complia....
Procedural missteps should not prevent justice; courts have discretion to allow substitution and condonation of delay in civil proceedings.
In partition suits, substitutions for deceased parties are essential to ensure the continuity of proceedings, as the normal rules of abatement do not apply, allowing courts to exercise discretion to ....
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