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SUBHASH CHAND
Diwakar Chandra Pandey – Appellant
Versus
Dhruo Shankar Dubey @ Dhruv Shankar Dubey – Respondent
ORDER
This C.M.P. has been preferred on behalf of the petitioner against the order dated 16.01.2023 passed by the learned Civil Judge, Senior Division-VII, Palamau in Title Suit No. 102 of 2008, whereby learned Court below has allowed the petition filed by the intervenor/opposite parties under Order XXII Rule 10 read with Section 151 of C.P.C.
2. Learned counsel for the petitioner has submitted that the title suit was filed by Ram Dulari Devi against Diwakar Chandra Pandey which was registered at Title Suit No. 102 of 2008 in the Court of Sub Judge II, Palamau at Daltonganj. The copy of that plaint is Annexure No. 1 of this petition. In that Title Suit No. 102 of 2008, the written statement was also filed by the sole defendant which is Annexure No. 2. During pendency of Title Suit No. 102 of 2008, an application was given on behalf of Dhruo Shankar Dubey to be substituted as legal heir of plaintiff in that suit after the death of original sole plaintiff, Ram Dulari Devi, on the basis of the will, alleged to have been executed by Ram Dulari Devi in favour of Dhruo Shankar Dubey. The copy of that application is Annexure No. 3 in this petition. Against this petition, objection/rejoind
Substitution – If any legal heirs of a party in suit comes to be substituted on the basis of Will as plaintiff/appellant in a suit, for the same, there is no requirement of Probate.
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 ....
Merely because the evidence of respondent/defendant and Prabhakar Rao (PW-2) was not repeated all over again, it cannot be held that the appellant/ plaintiff could be non-suited on this ground.
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....
An executor derives legal authority from a Will upon the testator's death, allowing a substituted plaintiff with vested interests under the Will to pursue litigation, regardless of the pending probat....
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