IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR MCC No. 2287 of 2017 (SMT. RATNI BAI AND OTHERS Vs SMT. JAMNA BAI AND OTHERS )

Dated : 15-01-2026 Shri Sajid Hussain - Advocate appeared for petitioner.

Ms. K.C.V. Rao, Pl appearing on behalf of Advocate General.

Shri Phool Chand Paliwal - Advocate for the respondent [R-1][LR/S].

Heard on I.A. Nos.22980/2025, 22981/2025 and 22982/2025.

It is submitted by learned counsel for the applicant that the respondent no. 1 has expired on 31.03.2022. It is further submitted that the applicants are not well versed with the provisions of law which requires substitution of LRs after the death of the party. It is submitted that on 30.10.2025 when the counsel had contacted the appellant for further instructions, it was informed that the respondent no. 1 had expired on 31.03.2022. Thereafter, he was advised to file an application for substitution and accordingly, on

02.11.2025, he came to Jabalpur and the application has been filed.

The Hon'ble Apex Court in the case of Om Prakash Gupta @ Lalloowa (Now Deceased) vs. Satish Chandra (Now Deceased) reported in (2025) SCC OnLine SC 291, has observed in paragraph -23 as under :-

"23. We find it difficult to agree