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SANJAY KUMAR DWIVEDI
Babulal Mahto – Appellant
Versus
Harihar Maho – Respondent
JUDGMENT
Notice upon the Opposite Parties have been effected and they have not appeared and in view of that this matter was adjourned on 15.01.2025 with a view to provide one more opportunity to the Opposite parties, and today again, nobody appeared on behalf of the Opposite parties on repeated calls. In view of that, this petition is being heard in absence of the Opposite parties.
2. This petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 09.03.2022 passed by the learned Additional Munsif-X, Giridih in Original Suit No.1423 of 2019, arising out of Partition Suit No.91 of 2017, whereby the petition filed under Order I Rule 10(2) read with Section 151 C.P.C filed by the petitioners has been rejected.
3. Mr. Mukhopadhyay, the learned counsel appearing on behalf of the petitioners submits that the suit was instituted for partition. He further submits that during pendency of the suit Mangori Devi died leaving behind her husband Kalu Mahto and one son Tribhuwan Verma and two daughters namely Usha Devi and Fulmati Devi. He submits that death of the defendant no.32 was not known to the plaintiffs and in view of that, when it has come t
Substitution – A simple prayer for bringing legal representatives on record without specifically praying for setting aside of abatement may in substance be construed as a prayer for setting aside aba....
Procedural rules must be interpreted liberally to facilitate justice, allowing for substitutions in cases of death even if not filed under the correct provision, asserting intent over strict technica....
The court ruled that applications for substitution and condonation of delay can be combined, emphasizing that procedural law should serve justice rather than punish parties, thereby validating the su....
The court emphasized a justice-oriented interpretation of procedural laws, allowing substitution of legal heirs even in cases of certain delays without mandating separate applications for abatement.
The automatic abatement of a suit due to plaintiff's death may be set aside through a substitution petition, which courts should interpret liberally to ensure justice.
Courts can consolidate interrelated applications for substitution and delay condonation, and procedural rules should not impede the pursuit of justice.
In partition suits, the principle of transposition allows for the substitution of legal heirs even if some parties have died, provided the title is not in dispute, and a decree passed against decease....
Orders against deceased parties are nullities; proper substitution of legal heirs is essential in ongoing litigation.
The main legal point established in the judgment is the interpretation of abatement of proceedings under Order XXII of the CPC and the liberal consideration of the prayer for setting aside the abatem....
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