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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
DEEPAK KHOT
Kirti Jain – Appellant
Versus
Chamanlal Jain – Respondent
ORDER :
DEEPAK KHOT, J.
1. The present petition has been filed by the petitioner being aggrieved by the order dated 7.8.2025 passed by II Civil Judge, Junior Division, Uchehara, District, Satna in Civil Suit No.17/2019, whereby the applications submitted by the petitioner/ plaintiff for bringing the LRs of defendant no.1 and defendant no.16, I.A.No.2/2025 and I.A.No.3/2025, have been rejected.
2. As the application remained unopposed before the court below, this court is of the opinion that presence of respondents is not necessary.
3. It has been submitted by learned counsel for the petitioner that the application for substitution of LRs of defendant No.1 was well within time; but, the same has been rejected on the ground that death certificate of the deceased defendant no.1 and his family tree have not been filed. It has been submitted that it is apparent from the order-sheets that there is no dispute in regard to the legal heirs proposed by the petitioner/plaintiff in the application by any of the defendants. In absence of any dispute in regard to death as well as the legal heirs, the application ought to have been allowed. The learned Court below has committed error of law in not al
A simple prayer for substitution of legal heirs implicitly includes a request to set aside abatement, allowing cases to proceed on merits despite procedural delays.
Sub-rule (4) of Rule 4 of Order 22 allows exemption from substituting legal representatives if the deceased defendant did not contest the suit, without imposing a 90-day application requirement post-....
(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....
Procedural compliance is essential in civil litigation, and while courts may exercise discretion to overlook minor lapses, parties must follow established procedures to avoid abatement and ensure jus....
The main legal point established in the judgment is the mandatory requirement for the court to determine the legal representative of a deceased party when a dispute arises, as per Order 22 Rule 5 of ....
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