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IN THE HIGH COURT OF ALLAHABAD
JASPREET SINGH
Kalideen – Appellant
Versus
Mansaram – Respondent
| Table of Content |
|---|
| 1. factual background leading to the case (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding the application for substitution (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 3. court's analysis on non-maintainability of the writ (Para 14 , 15 , 16) |
| 4. principles regarding abatement and substitution (Para 19 , 20 , 21) |
| 5. court's guidelines on liberal approach to substitution (Para 22 , 23) |
| 6. final conclusion and order of the court (Para 24 , 25 , 26) |
JUDGMENT :
Jaspreet Singh, J.
1. Heard Shri I. D. Shukla, learned counsel for the petitioners and Shri Rakesh Kumar Srivastava, learned counsel appearing for the private respondents.
2. Under challenge is the order dated 18.12.2001 passed by the Court of Additional District Judge, Court No.10, Faizabad in Regular Civil Appeal No.48 of 1990 ( Kalideen and others Vs. Ram Nihore and others ) whereby the Civil Appeal No.48 of 1990 has been abated.
3. In order to appreciate the controversy involved in the instant petition certain facts leading upto the instant petition are being noticed first.
4. Regular Suit No.394 of 1983 was filed by Ram Nihore seeking a decree of possession [the predecessor in interest of the private respondents no.1, 2 and 3] agai
Courts should adopt a liberal approach to substitution and abatement to prioritize substantial justice over procedural technicalities.
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....
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.
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.
Point of law: A person claiming to be the legal representative cannot make an application under Rule 9(2) of Order 22 for setting aside the abatement or dismissal, if he had already applied under Ord....
Courts adopt a liberal approach in allowing substitution after death of an appellant, emphasizing that ignorance of the appeal's pendency warrants consideration in condoning delay.
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