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HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
State of U.P. – Appellant
Versus
Uday Bhan (Deceased – Respondent
| Table of Content |
|---|
| 1. failure to substitute deceased party timely. (Para 1 , 2 , 3) |
| 2. arguments regarding delay in appeal and substitution. (Para 4 , 5) |
| 3. state's negligence in pursuing appeal. (Para 6 , 7 , 8) |
| 4. appeal against deceased not maintainable. (Para 9 , 10) |
| 5. legal precedents on appeals against deceased. (Para 11 , 12) |
| 6. dismissal of appeal and applications. (Para 13 , 14 , 15) |
JUDGMENT :
SANDEEP JAIN, J.
In Re: Civil Misc. Abatement Application No.9 of 2025
1. This application has been filed by Kuwar Prakash Singh the legal heir of deceased respondent no.1/1 Kailash Singh on the ground that Kailash Singh has died on 07.06.2021 and its information was also given to the appellant-State in the counter affidavit filed to the delay condonation application of the appellant, a copy of which was received by the State on 02.02.2024 but still the substitution application was not moved by the State within the prescribed period of limitation. It was further submitted that when the substitution application was not moved by the appellant, then this abatement application was filed on 16.09.2025 for abating the appeal and then substitution application along with the condonation of delay has b
An appeal filed against a deceased respondent is invalid and non-maintainable; the failure to timely substitute legal heirs precludes delay condonation.
Delay in filing substitution petition can be condoned if a satisfactory explanation is provided.
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.
Counsel must notify the court of a party's death and provide legal heirs' details; failure leads to abatement under Order 22 Rule 10A of CPC.
Delay in substitution applications can be condoned if sufficient grounds are shown, and procedural oversights should not preclude access to justice.
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.
Courts should adopt a liberal approach to substitution and abatement to prioritize substantial justice over procedural technicalities.
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