sunil (prop) 22 February 2024

Substitution of legal representative by hc valid??

Distinguished Panelists ,

Substitution of Legal Representative allowed by HC is valid before Lower Court: YES / No??

Case (short) Detail.

Suit for Declaration & Permanent Injunction.

Lower Court Rejected Petition u/O7R11 of CPC filed by one of the defendants.

High Court passed stay order of all further proceedings before lower court while admitting Revisional Petition (C.O. application)

One of the respondent/plaintiffs died when revision was pending.

High Court allowed CAN petition for substitution of respondent/plaintiffs with Legal Representative.

Is this substitution valid before Lower Court?

Please advice.

Thanks

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 22 February 2024

If a party to the case died during its pendency. then the court will permit the LRs of the deceased to continue on behalf of the deceased.

After the disposal of high court case you can go through the orders of high court for further proceedings

sunil (prop) 25 February 2024

Hello Sir Kalaiselvan,

The issue is:

The substitution with LR allowed by the appellate jurisdiction of HC in a revision application has been rejected/disallowed by lower court on the pretext that revision is not the continuity of the suit ignoring the fact that there was an order of stay on further proceedings before the trial court.

What should be the correct legal position?

Any case law for reference/citation?

Thanks