Can a Substituted Beneficiary File a Second Suit on the Same Cause of Action?

2023 0 Supreme(Bom) 502

The Cause Title of the Suit be amended and following Respondent to be added as Respondent No. 4: 4. ... After considering the law expounded in the judgments quoted above it is clear that heirs of a beneficiary / legatee under a Will are entitled to have their names substituted upon death of legatee / beneficiary. ... Furthermore, proceedings filed by an executor who is also a beneficiary, for grant of probate can be converted into proceedings for issuance of Letters of Administration ....

2024 0 Supreme(Pat) 933

Alka Sharan, reported in 2017 (3) PLJR 951 wherein the issue before the Court was whether after the death of the executor and before the Will could be proved can a beneficiary or claimant be permitted to get substituted in place of the executor? ... Thus, after the death of the executor and before the will could be proved no beneficiary or claimant can be permitted to get himself or herself substituted in place of the executor. In other words, the probate proceedings come to an end with the death of the executor. ... Lea....

High Court Malaya Pulau Pinang

O 15, r 7) Order 15 r 7(1) provides that where a party dies but the cause of action survives, "the action shall not abate by reason of the death". ... in the cause or matter may be effectually and completely determined and adjudicated upon, order that other person to be made a party to the cause or matter and the proceedings to be carried on as if he had been substituted for the first-mentioned party. ... High Court suit PA-22NCVC-139-02/2012 (Suit 1....

Supreme Court United Kingdom

The proceeds of the action belong to the corporation and it is bound by the result of the suit". ... Order 20, r 5(5) also allowed the addition or substitution of a new cause of action if it arose out of the same or substantially the same facts as a cause of action in respect of which relief had already been claimed in the action. ... The second is the light they throw on whether the administrator is a necessary party to a claim by a benefi....

2023 0 Supreme(Mad) 3017

In Ambalika Padhi's case, the Hon'ble Supreme Court held that when the substituted and transposed plaintiffs were claiming under the original plaintiff and continuing the suit, it cannot be said that their cause of action is different from the cause of action of the original plaintiff, merely because ... Further, she would contend that even if the cause of action survives, then the defendants would be the legal heirs of the plaintiffs and the #HL_STA....

As no cause was shown in the terms of the section quoted, the decree was made absolute as against both defendants. The assignment of the rights of a party in a pending action after litis contestatio is not illegal in Ceylon. ... Kumarappa Chetty's interests by various assignments devolved on the first and second respondents who applied under section 339 of the Civil Procedure Code to be substituted in place of the plaintiff. ... The application was opposed by the first and second appellants who ....

The substituted plaintiff may have refused to become a party to this case when he was cited to show cause; but having taken upon himself the conduct of the case, he could not now disclaim responsibility for the action. Counsel referred to Civil Procedure Code, sections 341, 404, and 339. ... The substituted plaintiffs might also have shown cause, under section 398 of the Civil Procedure Code, why they should not be held to be the legal representatives of the deceased. ... I have no doubt, however,....

1999 0 Supreme(All) 1853

The Court on an application of the legal representative of the deceased-plaintiff shall make him a party in the suit if the right to sue survive. The Court has to examine whether such an applicant is en titled to be substituted in relation to the cause of action in the suit and the relief claimed. ... The core question is whether after the death of the petitioner in a testamen tary suit his heir or any other person is entitled to be substituted in his place and if so,....

2024 Supreme(US)(cafc) 1

A person may be an “appropriate person”—i.e., eligible—to be substituted only if two statutory conditions are satis- fied. First, the successor “must . . . file[] [an application for accrued benefits] within one year after the date of death [of the veteran beneficiary].” ... Rodenhizer’s counsel to show cause why the Board’s effective date decision should not be vacated, and Mr. Rodenhizer’s appeal dismissed, because Mr. Rodenhizer had died. Mr. Rodenhizer’s counsel explained that Ms. Rodenhizer, Mr. Rodenhizer’s mot....

Delhi High Court

of action at Delhi to a lay a suit to injunct the bank from paying under the guarantee and to restrain the beneficiary from enforcing the right under the guarantee. ... Entire cause of action was in Athens. As held above, issuance of the bank guarantee from Delhi is not a part of the cause of action and territorial jurisdiction cannot be determined with reference to the said fact. ... It was pleaded that no cause of action#HL_E....

Current Civil Cases

It is too hyper-technical and not conducive to justice to demand for repetition of the requirement under Section 80 C.P.C. once it was complied with based on the same cause of action claiming the same reliefs and no fresh notice under Section 80 C.P.C. need be issued in a second suit for the very same relief based on the same cause of action. There is no mandate for repeating the very same requirement under Section 80(2) C.P.C. in a second suit filed with leave to institute a fresh one after the withdrawal of the earlier one. The very same principle is squarely applicable to a seco....

2018 0 Supreme(Ker) 320

It is too hyper-technical and not conducive to justice to demand for repetition of the requirement under Section 80 C.P.C. once it was complied with based on the same cause of action claiming the same relief’s and no fresh notice under Section 80 C.P.C. need be issued in a second suit for the very same relief based on the same cause of action. There is no mandate for repeating the very same requirement under Section 80(2) C.P.C. in a second suit filed with leave to institute a fresh one after the withdrawal of the earlier one. The exercise of jurisdiction vested with the Lower Court hence su....

2016 0 Supreme(Kar) 233

Secondly, in respect of that cause of action, the plaintiff is entitled to more than one relief and lastly, that being so, the plaintiff without leave obtained from the Court, omitted to sue for the relief for which the second suit has been filed. To constitute a bar to fresh suit under Order II Rule 2(3) CPC, three elements are required to be proved. Firstly, it must be established that the second suit was in respect of the same cause of action as that on which the previous suit was based;

2015 0 Supreme(Megh) 92

This is how the second suit came to be filed by her with a fresh cause of action. Even if the second suit succeeds, no right in respect of the suit property can accrue to the appellant until and unless she succeeds in the first suit, which, however, as already noted, had already been withdrawn by her without the permission of the trial court and is, therefore, not maintainable being barred by Order 23, Rule 1(4) CPC. As already indicated, the second suit is based not only on this cause of action, but also on the basis of the cause of action of the first suit. In my opinion,....

2011 0 Supreme(Gau) 985

Even if the second suit succeeds, no right in respect of the suit property can accrue to the appellant until and unless she succeeds in the first suit, which, however, as already noted, had already been withdrawn by her without the permission of the trial Court and is, therefore, not maintainable being barred by Order XXIII, Rule 1(4), CPC. As already indicated, the second suit is based not only on this cause of action, but also on the basis of the cause of action of the first suit. This is how the second suit came to be filed by her with a fresh cause of action. In my opin....