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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJAY KUMAR MISHRA
Golak Bihari Barad – Appellant
Versus
Surendra Kumar Sarma – Respondent
| Table of Content |
|---|
| 1. petition for substitution of legal heirs in execution case. (Para 1 , 2 , 3) |
| 2. right of legal heirs to substitute in execution proceeding. (Para 4 , 5) |
| 3. rejection of substitution petition on technical grounds unjust. (Para 6) |
| 4. court orders revival and substitution in execution case. (Para 7 , 8) |
JUDGMENT :
S.K. Mishra, J.
The Writ Petition has been preferred by the legal heirs of Late Apsara Barad, who was the claimant in MAC Case No.386 of 1999 so also the Petitioner in Execution Case. The Order dated 22.04.2022, vide which their petition under Order-22 Rule-3 of C.P.C. filed in the Execution Case for substitution was rejected by the court below, is under challenge.
2. The case of the Petitioners is that their mother, being the claimant in MAC Case No.386 of 1999, an award was passed in her favour on 30th June, 2005 by the Tribunal for an amount of Rs.3,36,400/- with 6.5% interest. Without complying the said award, the Opposite Party No.2 (Insurance Company) preferred an Appeal before this Court in MACA No.150 of 2007, which was dismissed on 07.04.2012 confirming the impugned award passed by the Tribunal. Thereafter on 23.11.2012, Apsara Barad filed a petition for
Legal heirs have the right to be substituted in execution proceedings, and rejection based on technical inaccuracies in petitions is unjustifiable.
The main legal point established in the judgment is the mandatory requirement for the court to determine the legal representative of a deceased party when a dispute arises, as per Order 22 Rule 5 of ....
An appeal filed against a deceased sole defendant is a nullity; proper procedure requires withdrawal of the appeal with liberty to file a fresh one involving the legal heirs.
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....
Joint representation by surviving defendants suffices to prevent abatement of a suit when one defendant dies, as long as the estate is substantially represented.
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