Case Note & Summary
The case involved First Appeal No.163 of 1990 in the High Court of Judicature at Patna. The appellant, Daropadi Devi, sought to substitute the legal representatives of the deceased respondent, Shri Kishore Sinha. An interlocutory application was filed for this purpose, which was found to be within the stipulated time. The widow, who was the original appellant, had also passed away, prompting another application for the transposition of her legal representatives as appellants in the appeal. The court allowed both applications, recognizing the need for legal representatives to continue the proceedings. The counsel for the appellant indicated intentions to file a restoration application within two weeks, which was also permitted by the court. The judgment reflects the procedural aspects of substitution and transposition under the Code of Civil Procedure, 1908, ensuring that the appeal could proceed with the appropriate parties in place.
Headnote
A) Civil Procedure - Substitution of Parties - Legal Representatives - Substitution of legal representatives of deceased respondent allowed - Code of Civil Procedure, 1908, Order 22, Rule 4 - The court permitted the substitution of legal representatives of the deceased respondent as the application was within time. The widow of the deceased respondent was already on record as the appellant, and her death necessitated the transposition of her legal representatives as appellants. Held that the applications for substitution and transposition were allowed (Paras 1-2).
Issue of Consideration
Whether the legal representatives of the deceased respondent and appellant can be substituted and transposed in the appeal.
Final Decision
The court allowed the interlocutory applications for substitution and transposition of legal representatives in the appeal.
Law Points
- Substitution of parties
- Transposition of parties
- Interlocutory applications
