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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANISH KUMAR NIGAM
Deepak Prasad (Deceased) – Appellant
Versus
Ajay Prasad – Respondent
JUDGMENT :
Manish Kumar Nigam, J.
1. Heard learned counsel for the revisionist and perused the record.
2. This revision has been filed against the order dated 12.12.2024 passed by the trial court i.e. Civil Judge (Senior Division), F.T.C., District Bareilly in O.S. No. 348 of 2019 allowing the application filed by the plaintiff in the suit for substitution for substituting the heirs of deceased defendant and for amendment in the plaint which necessitated because of the death of sole defendant.
3. By order dated 24.04.2025, notice was issued to the respondent. Steps were taken by the revisionist and service upon the respondent was found sufficient by order dated 2.09.2025. Two weeks’ time was granted by order dated 02.09.2025 to the respondent to file counter affidavit. However, neither counter affidavit filed by the respondent nor anybody has appeared on behalf of respondent. Hence the matter is taken in his absence.
4. Brief facts of the case are that O.S. No. 348 of 2019 was instituted by the plaintiff/respondent for the relief of mandatory injunction in favour of the plaintiff and against sole defendant directing the defendant to deliver the possession of the house in dispute, bounda
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.
Courts should adopt a liberal approach to substitution and abatement to prioritize substantial justice over procedural technicalities.
The court affirmed the principle that procedural rules should receive liberal construction to ensure justice is served, specifically in applications for condonation of delay and substitution of legal....
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.
(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....
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....
The court confirmed the allowance of substitution for deceased respondents under procedural rules and addressed delay condonation based on party conduct.
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