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IN THE HIGH COURT OF ALLAHABAD
CHANDRA KUMAR RAI
Ashish Rai – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Chandra Kumar Rai, J.
1. Heard Mr. A.P. Singh, learned counsel for the petitioner, Sri Amit Kumar Asthana, learned counsel for the contesting respondent no.5, Sri R.C. Srivastava, learned Addl. C.S.C. for the state-respondents and Sri Rameshwar Prasad Shukla, learned counsel for the respondent-gaon sabha.
2. Brief facts of the case are that predecessor of contesting respondents filed a suit for partition under Section 176 of the U.P. Z.A. & L.R. Act in respect to plots of khata no.204, 205, 206, situated in village- Sohauli, impleading petitioner along with others as defendant. Contesting respondents filed a transfer application before the Collector to transfer the aforementioned partition suit. During pendency of transfer application, defendant no.1- Harihar expired on 26.9.2010, accordingly, petitioner filed an application under Order XXII Rule 10A of CIVIL PROCEDURE CODE before the Collector stating about the death of deceased and plaintiff also filed a substitution application. The Collector passed an order on 28.2.2011, allowing the substitution application although transfer application has been rejected. In partition suit before the S.D.O., an application dated 1.6.
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 ....
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....
In partition suits, the principle of transposition allows for the substitution of legal heirs even if some parties have died, provided the title is not in dispute, and a decree passed against decease....
In partition suits, the appeal abates entirely if any party's legal representatives are not substituted as required, rendering the appeal incompetent.
Enforcement of amendment of Hindu Succession Act before 09.09.2005 - Applicability of Section 6 of Hindu Succession Act as amended by Hindu Succession (Amendment) Act, 39 of 2005, needless to say, th....
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