Case Note & Summary
The case involved an appeal filed by Baijnath Oraon against Most Paro and others. The appellant sought to substitute the legal heirs of the deceased respondent, Paro Bano, who passed away on 24.07.2012, followed by her husband's death on 24.08.2012. The appellant's counsel submitted an interlocutory application under Order XXII Rule 4 of the Code of Civil Procedure, 1908, for this substitution. The court granted permission for the necessary corrections in the memo of appeal and allowed the substitution of the legal heirs as mentioned in the application. The respondents' counsel indicated that they would file a Vakalatnama on behalf of the proposed substituted legal heirs. The matter was scheduled for hearing on 06.05.2016.
Headnote
A) Civil Procedure - Substitution of Legal Heirs - Legal heirs of deceased respondent to be substituted - Code of Civil Procedure, 1908, Order XXII Rule 4 - The court permitted the substitution of legal heirs of the deceased respondent as per the application filed, allowing necessary corrections in the memo of appeal. Held that the names of legal heirs shall be substituted upon expunging the name of the deceased respondent (Paras Not mentioned).
Issue of Consideration
Whether the legal heirs of the deceased respondent can be substituted in the appeal.
Final Decision
The court allowed the substitution of the legal heirs of the deceased respondent as per the interlocutory application and directed necessary corrections in the memo of appeal.
Law Points
- Substitution of legal heirs
- Order XXII Rule 4 CPC
- Interlocutory application
