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IN THE HIGH COURT OF ALLAHABAD
KSHITIJ SHAILENDRA, J.
Shiv Nath - Petitioner
Versus
State of U.P. And 17 Others - Respondents
WRIT C NO. 55243 OF 2016.
Decided On : 24-04-2023
| Table of Content |
|---|
| 1. substitution of deceased parties allowed. (Para 2 , 3 , 4 , 5) |
| 2. substitution of respondent no. 9 allowed. (Para 11 , 12 , 13 , 14) |
| 3. substitution of respondent no. 15 allowed. (Para 20 , 21 , 22 , 23) |
| 4. substitution of respondent no. 8 allowed. (Para 29 , 30 , 31 , 32) |
| 5. substitution of respondent no. 5 allowed. (Para 38 , 39 , 40 , 41) |
| 6. substitution of respondent no. 16 allowed. (Para 43 , 44 , 45 , 46) |
| 7. delay condoned in filing applications. (Para 48 , 49 , 50) |
| 8. substitution of sole petitioner allowed. (Para 52 , 53 , 54 , 55) |
| 9. final decision on writ petition. (Para 56 , 57) |
| 10. review application context and admissions. (Para 58 , 59 , 60 , 61) |
| 11. legal arguments by parties regarding review. (Para 64 , 65) |
| 12. preliminary decree context and implications. (Para 66 , 67 , 68 , 69) |
| 13. writ petition dismissed on procedural grounds. (Para 70) |
| 14. partition proceedings revived and evidence allowed. (Para 71 , 72 , 73 , 74 , 75 , 76) |
JUDGMENT
Kshitij Shailendra, J.
Ref: Civil Misc. Substitution Application No. 5 of 2018
Heard learned counsel for the parties.
2. This application has been filed seeking permission to bring on record heirs/legal representatives of respondent No.4, Rama, who has died pending litigation.
3. Considering the provisions of Order XXII of Code of Civil Procedure read with Chapter VIII Rule 38-A of High Court Rules, 1952, the application is allowed.
4. Abatement, if any, is set aside.
5. Office is directed to incorporate necessary substitution in the array of the parties.
Ref: Civil Misc. Delay Condonation Application No. 6 of 2018
6. Heard learned counsel for the parties.
7. Cause for delay in filing the substitution application/recall application/restoration application, has been explained to the satisfaction of the Court.
8. Taking a liberal view of the matter and in the interest of justice, the delay is condoned.
9. The application seeking condonation of delay is allowed.
Ref: Civil Misc. Substitution Application No. 7 of 2018
10. Heard learned counsel for the parties.
11. This application has been filed seeking permission to bring on record heirs/legal representatives of respondent No. 9 Shwami Nath, who has died pending litigation.
12. Considering the provisions of Order XXII of Code of Civil Procedure read with Chapter VIII Rule 38-A of High Court Rules, 1952, the application is allowed.
13. Abatement, if any, is set aside.
14. Office is directed to incorporate necessary substitution in the array of the parties.
Ref: Civil Misc. Delay Condonation Application No. 8 of 2018
15. Heard learned counsel for the parties.
16. Cause for delay in filing the substitution application/recall application/restoration application, has been explained to the satisfaction of the Court.
17. Taking a liberal view of the matter and in the interest of justice, the delay is condoned.
18. The application seeking condonation of delay is allowed.
Ref: Civil Misc. Substitution Application No. 9 of 2018
19. Heard learned counsel for the parties.
20. This application has been filed seeking permission to bring on record heirs/legal representatives of respondent No. 15, Mizzu, who has died pending litigation.
21. Considering the provisions of Order XXII of Code of Civil Procedure read with Chapter VIII Rule 38-A of High Court Rules, 1952, the application is allowed.
22. Abatement, if any, is set aside.
23. Office is directed to incorporate necessary substitution in the array of the parties.
Ref: Civil Misc. Delay Condonation Application No. 10 of 2018
24. Heard learned counsel for the parties.
25. Cause for delay in filing the substitution application/recall application/restoration application, has been explained to the satisfaction of the Court.
26. Taking a liberal view of the matter and in the interest of justice, the delay is condoned.
27. The application seeking condonation of delay is allowed.
Ref: Civil Misc. Substitution Application No. 11 of 2018
28. Heard learned counsel for the parties.
29. This applicati
A substitution application for a deceased party can be allowed despite delays if sufficient cause is shown, and the absence of formal condonation is not fatal.
(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....
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.
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....
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....
Abatement of an appeal under CPC is not automatic upon death if the right to sue survives; presence of a legal representative allows continuation despite procedural delays.
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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