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Pawan S (Advocate)     01 December 2022

If substitution done in lower court then do we again need to file substitution in appellate court?

Hello Sir,

I have one query. Can you please advice.

If substitution done in lower court then do we again need to file substitution in appellate court?

Regards,

Pawan Saha



Learning

 6 Replies

P. Venu (Advocate)     01 December 2022

You have not posted the material facts. Please note that in the absence of facts as well as the context, the posting is a riddle than a query.

1 Like

Dr J C Vashista (Advocate)     02 December 2022

Substitution of what ?

If you are referring substitution of a (deceased) party to lis, it is no more required.

1 Like

Pawan S (Advocate)     02 December 2022

Yes Sir. I am referring to Substitution of deceased petitioner..

Dr J C Vashista (Advocate)     03 December 2022

You have already stated to have impleaded legal representatives (heirs) of deceased defendant / party to lis, which cannot be done again in appeal/ further proceeding of the case.

1 Like

Pawan S (Advocate)     06 December 2022

Thank You Sir for clarifying the query.

Shashi Dhara   06 December 2022

In trial court decreed or dismissed  not necessary in appeal court to substitute the deceased once already substituted  and amended plaint has been furnished .


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