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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA
Nirmal Ch. Kar – Appellant
Versus
Gangadhar Kar – Respondent
| Table of Content |
|---|
| 1. jurisdiction and order details established. (Para 1 , 2) |
| 2. requirement for notice to legal heirs during substitution. (Para 3) |
| 3. court's analysis on necessity of notice based on natural justice. (Para 4 , 5) |
| 4. conclusion and order for the cmp. (Para 6 , 7 , 8) |
ORDER :
K.R. MOHAPATRA, J.
1. This matter is taken up through hybrid mode.
2. Order dated 22nd January, 2024 (Annexure-5) passed in C.S. No.433 of 2013 is under challenge in this CMP, whereby learned Addl. Senior Civil Judge, Kendrapara rejected an application filed by Defendant Nos.5 and 7 to issue notice to the proposed legal heirs of the deceased Defendant Nos.12 and 19 for consideration of the application filed under Order XXII Rule 4 C.P.C.
3. Mr. Nayak, learned counsel for the Petitioners submits that the suit has been filed for partition and declaration as well as for permanent injunction. During pendency of the suit, the Defendant Nos.12 and 19 died. No petition for their substitution was filed within the statutory period. Hence, the suit was abated against the deceased Defendant Nos.12 and 19. However, after lapse of more than thirteen months, two applications were filed for substitution of the deceased
Notice to proposed legal heirs is mandatory before their substitution in a suit, safeguarding rights under the principle of natural justice.
Procedural compliance is essential in civil litigation, and while courts may exercise discretion to overlook minor lapses, parties must follow established procedures to avoid abatement and ensure jus....
The main legal point established is that the timely filing of applications under Order XXII Rule 4 and Rule 9 of the CPC is crucial, and delay cannot be condoned without sufficient cause. Negligence ....
Substitution of deceased parties in civil proceedings requires adherence to strict timelines under the CPC and affording notice to legal representatives, failing which valuable rights may be compromi....
Impleadment of legal heir – On death of defendant till his legal heirs are brought on record, suit/appeal remains in state of suspense and if court proceeds with matter that carries no legal effect –....
The duty of a pleader to communicate the death of a party to the court, as per Order XXII Rule 10A, is imperative and should not be overshadowed by technicalities.
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