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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANISH KUMAR NIGAM
Kamleshwar Shahi – Appellant
Versus
Ajay Shankar – Respondent
| Table of Content |
|---|
| 1. the necessity of substituting legal representatives under order 22 rule 4. (Para 1) |
| 2. challenging court order on substitution application (Para 2 , 3) |
| 3. arguments for and against substitution exemption (Para 4 , 5) |
| 4. interpretation of order 22 rule 4 cpc (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 5. court's decision on application rejection (Para 17) |
| 6. writ petition granted and order set aside (Para 18 , 19) |
JUDGMENT :
Manish Kumar Nigam, J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed challenging the order dated 10.03.2021 passed by the appellate court rejecting the application (paper 55 ka-2) filed by the petitioner seeking amendment in the substitution application paper No. 37 Ka-2 filed for substituting the heirs of defendant/respondent no. 3 who died during pendency of the appeal.
3. Brief facts of the case are that original suit no. 89 of 1968 was filed by the petitioner for the relief that compromise petition filed in Supreme Court in Civil Appeal No. 375 of 1957 which was recorded by the court on 19.05.1958 and incorporated in a decree of the said appeal, so far as it purported to convey the
Sub-rule (4) of Rule 4 of Order 22 allows exemption from substituting legal representatives if the deceased defendant did not contest the suit, without imposing a 90-day application requirement post-....
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.
A simple prayer for substitution of legal heirs implicitly includes a request to set aside abatement, allowing cases to proceed on merits despite procedural delays.
The central legal point established in the judgment is the importance of adjudicating on the substitution of deceased defendants' legal representatives, exemption to the plaintiff, and abatement, and....
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