Substitution of deceased parties in appeal proceedings must comply with statutory timelines.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

41 05-01-2026 Learned counsel for the appellants seeks permission to correct the provision of law in I.A. No.06 of 2019 in course of the day.

2. Permission is granted. Let the same be done in course of the day.

Interlocutory Application No.06 of 2019

3. This interlocutory application has been filed under Order XXII Rule 1 read with Section 151 of the Code of Civil Procedure for substituting the heirs and legal representatives of respondent no.1, Kapil Deo Singh, who died in the last week of June, 2019, leaving behind the heirs and legal representatives whose details are mentioned in paragraph no.2 of the interlocutory application.

appellants got the knowledge of death of deceased respondent no.1 of 08.07.2019 and this application has been filed on 31^st July, 2019, i.e., well within the statutory period of limitation.

5. Having regard to the facts and circumstances of the case and the averments made in the interlocutory application, same is allowed.

6. Office is directed to delete the name of the respondent no.1, Kapil Deo Singh, from the memo of appeal and substitute the name of his heirs and legal representatives in his place.

7. Issue appeal notice to the newly substituted heirs of the deceased respondent no.1 for which requisites both under speed post with AD as well as under ordinary process must be file within a period of two weeks.

8. Interlocutory Application No.06 of 2019 stands allowed.

Interlocutory Application No.07 of 2019

9. This interlocutory application has been filed for expunging the name of the appellant nos. 1 and 2 from the memo of appeal.

the appellant no.1 has died on 02.01.2013 leaving behind his sole heir and legal representative, who is already on record as appellant no.4.

11. So far appellant no.2 is concerned, he also died during the pendency of this appeal leaving behind his heir and legal representative as appellant no.5, who was minor at the time of filing of the present appeal, and, now, he has become major.

12. Learned counsel for the appellants undertakes to file duly executed vakalatnama on behalf of the appellant no.5, who has now become major, within a period of two days.

13. Having considered the facts and circumstances of the case, prayer made in the interlocutory application is allowed subject to filing of the vakalatnama on behalf of the appellant no.5, who has become major by efflux of time.

14. Office is directed to delete the name of the appellant nos. 1 and 2. Since the heirs of the appellant nos. 1 and 2 are already on record, there is no question of substitution of the heirs.

15. Interlocutory Application No.07 of 2019 stands allowed subject to filing of duly executed vakalatnama on behalf of the appellant no.5.

(Khatim Reza, J)