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KSHITIJ SHAILENDRA
Shiv Nath – Appellant
Versus
State of U. P. – Respondent
| 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 respond
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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