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SUPREME COURT OF INDIA
K.G. Balakrishnan, Tarun Chatterjee, JJ.
Prithviraj (Dead) By Lrs. - Petitioner
Versus
Collector, Land Acquisition, H.P. and another - Respondents
Civil Appeal No. 1459 of 2005
Decided On : 28-02-2005
Impleadment - Legal Heirs - Court permits petitioner to implead/substitute legal heirs of deceased claimant in pending proceedings
Fact of the Case:
The High Court declined to implead the legal heirs of the original claimant in the pending proceedings. The petitioner widow was not aware of the pending proceedings.
Finding of the Court:
The petitioner is permitted to implead/substitute the legal heirs of deceased Prithvi Raj in the appeal filed by the original claimant. The case is directed to be restored to the file of the High Court for disposal in accordance with law.
Issues: Impleadment of legal heirs in pending proceedings
Ratio Decidendi: The court allowed the petitioner to implead/substitute the legal heirs of the deceased claimant in the pending proceedings, considering the petitioner's lack of awareness of the proceedings and the need for proper representation of the deceased's legal heirs.
Final Decision: The appeal is disposed of with the direction to restore the case to the High Court for disposal in accordance with law. No costs are awarded.
ORDER :
K.G. Balakrishnan, J.
Leave granted.
2. Heard both sides.
3. By the impugned judgment, the High Court declined to implead the legal heirs of the original claimant in the pending proceedings. The petitioner widow submits that she was not aware of the pending proceedings, so she could not take any steps to this effect. The petitioner is permitted to implead/substitute the legal heirs of deceased Prithvi Raj in the appeal filed by the original claimant. We direct restoration of the case to the file of the High Court and we request the High Court to dispose of the same in accordance with law. We are told that the deceased Prithvi Raj has a living son. The present appellant shall take steps to implead the son also in the proceedings.
4. The appeal is disposed of as above.
5. No costs.
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