Supreme Court Allows Substitution of Legal Representatives in Civil Appeal and Amendment of Judgment. Application for Substitution Granted Under Code of Civil Procedure, 1908, with Cause Title Amended and Advocate Name Replaced in Previous Judgment.

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Case Note & Summary

The case involved an application for substitution of legal representatives of a deceased appellant and related amendments. The background pertained to procedural matters in a civil appeal, with the appellant having passed away, necessitating the substitution of their legal representatives to continue the litigation. The facts indicated that an application was filed for this substitution, along with a request to amend the cause title and replace the name of an advocate in a previous judgment dated 17 December 2021. The legal issues centered on whether to allow these procedural applications under the Code of Civil Procedure, 1908. Arguments were not detailed in the text, but the applications were presumably supported by necessary documentation. The court's analysis focused on procedural compliance, allowing the substitution to ensure proper representation and the amendment to correct the record. The decision granted all applications, allowing the substitution, amending the cause title, and permitting the replacement of the advocate's name, with miscellaneous and interlocutory applications also allowed accordingly.

Headnote

A) Civil Procedure - Substitution of Legal Representatives - Code of Civil Procedure, 1908 - Application for substitution of legal representatives of deceased appellant allowed, cause title amended accordingly (Paras 1-2).

B) Civil Procedure - Amendment of Judgment - Code of Civil Procedure, 1908 - Application for replacing advocate name in judgment allowed, miscellaneous and interlocutory applications allowed accordingly (Paras 1-2).

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Issue of Consideration

Whether to allow substitution of legal representatives of deceased appellant and amendment of cause title, and whether to allow replacement of advocate name in judgment

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Final Decision

Application for substitution of legal representatives of deceased appellant allowed, cause title amended accordingly; application for replacing advocate name in judgment allowed; miscellaneous and interlocutory applications allowed accordingly

Law Points

  • Substitution of legal representatives
  • amendment of cause title
  • replacement of advocate name in judgment
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Case Details

2022 Lawtext (SC) (3) 23

MISCELLANEOUS APPLICATION NO.433/2022 (Application for substitution of Lrs. Of deceased appellant) IN CIVIL APPEAL NO.2275/2019 WITH INTERLOCUTORY APPLICATION NO.22552 OF 2022 (Application for correction in judgment dated 17.12.2021

2022-03-07

( L. NAGESWARA RAO J. , B.R. GAVAI J.)

Mr. Siddhartha Iyer, Mr. Lalit Kumar

PANI RAM (deceased) thr. Lrs.

UNION OF INDIA & ORS.

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Nature of Litigation

Civil appeal involving procedural applications for substitution and amendment

Remedy Sought

Applicant sought substitution of legal representatives of deceased appellant, amendment of cause title, and replacement of advocate name in judgment

Filing Reason

Deceased appellant required substitution of legal representatives to continue appeal, and correction needed in judgment regarding advocate name

Previous Decisions

Judgment dated 17.12.2021 passed in the above appeal

Issues

Whether to allow substitution of legal representatives of deceased appellant and amendment of cause title Whether to allow replacement of advocate name in judgment

Ratio Decidendi

Procedural applications for substitution of legal representatives and amendment of records should be allowed to ensure proper representation and correct judicial records under the Code of Civil Procedure, 1908

Judgment Excerpts

Application for substitution of Lrs. of deceased appellant is allowed. Cause title be amended accordingly. Application for replacing the name of the advocate Mr. Siddhartha Iyer to Mr. Lalit Kumar in para- 9 of the judgment dated 17.12.2021 passed in the above appeal is allowed. Miscellaneous Application and Interlocutory application(s) stand allowed accordingly.

Procedural History

Judgment dated 17.12.2021 passed in appeal; subsequent applications filed for substitution and amendment; order issued allowing applications

Acts & Sections

  • Code of Civil Procedure, 1908:
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Supreme Court Supreme Court Allows Substitution of Legal Representatives in Civil Appeal and Amendment of Judgment. Application for Substitution Granted Under Code of Civil Procedure, 1908, with Cause Title Amended and Advocate Name Replaced in Previous Judgment.
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