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DWARKA DHISH BANSAL
Mazid Beg (dead) thr. Arkey Investment Pvt. Ltd. , Bhopal – Appellant
Versus
Subhashini Pandey, W/o. Late Col. Umeshchand Pandey – Respondent
ORDER :
Dwarka Dhish Bansal, J.
There is common question involved in these two civil revisions, therefore, both are being decided by this common order.
2. These civil revisions have been preferred by one of the plaintiffs/ applicant challenging the identical orders dated 30-6-2021 passed by 5th Additional District Judge, Bhopal in RCS No. 527-A/2008 and 460-A/2008, whereby plaintiffs’ applications under Order 7, Rule 11, CIVIL PROCEDURE CODE have been dismissed.
3. Learned counsel for the applicant/plaintiff submits that originally the suit was filed by plaintiff- Mazid Beg, in which written statement(s) was/were filed by the defendants and one of the defendants namely Omwati Goyal filed counter-claim also. During pendency of suit, plaintiff-Mazid Beg died, therefore, his legal representatives were substituted and under order of High Court, applicant-Arkey Investment Pvt. Ltd. was also impleaded as one of the plaintiffs in the plaint. Prior to substitution of Arkey Investment Pvt. Ltd., the defendant(s) filed his/their written statement(s) and defendant Omwati Goyal filed separate written statement as well as counter-claim and nobody else has filed the counter-claim.
The legal representatives of a deceased counter claimant can be transposed as claimants in the counter claim, and the right to sue survives on the surviving family members.
Point of Law : Sub rule (4) of Rule 6A of Order VIII C.P.C. has only a restricted meaning and would come into play only on raising a counter claim in a pending suit.
Substitution of legal heirs – Under Order 22 Rule 4(1)(3) of C.P.C., application has to be made within time prescribed in law for substituting heirs of defendant and suit would abate only when said a....
Legal representatives of deceased parties can seek substitution; amendments to pleadings are permitted to promote effective adjudication and safeguard substantive rights over rigid procedural complia....
Plaintiffs have an unqualified right to abandon parts of their claims without court permission, overriding objections from co-defendants regarding counter-claims.
Orders passed against deceased parties are nullities and require legal representation for validity.
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