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1996 Supreme(SC) 150

K.VENKATASWAMI, N.P.SINGH
Puran Singh – Appellant
Versus
State Of Punjab – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • When a respondent in a writ petition dies and the petitioner does not take steps to substitute the legal heirs on record, the High Court is justified in dismissing the petition due to non-joinder of necessary parties (!) (!) .

  • The right to pursue a remedy against the deceased respondent survives if the right to sue is not personal and the law permits substitution of the legal heirs, provided that such substitution is made within a reasonable time frame (!) (!) (!) .

  • Even though procedures under Order 22 of the Civil Procedure Code (CPC) may not be directly applicable to writ proceedings, the principle that a writ petition cannot proceed against a dead person without substituting the legal heirs remains valid (!) (!) (!) .

  • The High Court has the discretion to condone delays in substitution of legal heirs if sufficient cause is shown, and the delay was not intentional. The court can also consider the period prescribed under the Limitation Act for substitution when determining what constitutes a reasonable time (!) (!) (!) .

  • There is no automatic abatement of a writ petition upon the death of a respondent; the petitioner must actively pursue substitution of the legal heirs to keep the proceedings alive (!) (!) (!) .

  • The procedure under Articles 226 and 227 of the Constitution grants the High Court extraordinary powers, and it is not bound strictly by procedural rules of the CPC. The Court can adopt a flexible approach to ensure justice, including allowing substitution of legal heirs even after a significant delay, provided the circumstances justify it (!) (!) (!) .

  • It is incumbent on the petitioner or appellant to take necessary steps for substitution of the deceased respondent's heirs within a reasonable period, considering the nature of the case and the rights involved (!) (!) (!) .

  • If no steps are taken within a reasonable time, and the delay is not justified, the High Court is justified in dismissing the petition or appeal for non-joinder of necessary parties (!) (!) .

  • The High Court exercises its supervisory and discretionary powers to ensure that justice is not defeated by technical procedural requirements, especially in proceedings under Articles 226 and 227 of the Constitution (!) (!) .

Please let me know if you need further elaboration or assistance with specific aspects of this case.


JUDGMENT

N.P. Singh, J.-This appeal has been filed against an order dated 16th March, 1981 passed by the High Court dismissing the Appeal filed on behalf of the appellants, and affirming the order of dismissal of the writ petition which had been filed on bahalf of Sham Singh, the father of the appellants.

2. Pursuant to a notification issued by the State Government under Section 14 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 a scheme was prepared by the authorities in respect of holdings belonging to Sham Singh, the father of the appellants, Bir Singh, father of respondent Nos. 2 and 3, Wazir Singh Respondent No. 4, Om Prakash Respondent No. 5 and others in Village Longowal, Tehsil and District Sangrur. Objections were filed in respect of the said scheme including on behalf of Sham Singh and others against the proposed allotment of land under the scheme. Those objections were rejected by the Consolidation Officer. The appeal filed on behalf of Sham Singh was accepted by the Settlement Officer, whereas the appeals filed on behalf of Bir Singh and others were rejected. Bir Singh filed further appeals against the orders aforesaid before the Assi





















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