This writ petition under Article 227 challenged the trial court order substituting legal representatives in a rent suit based on a gift deed. The High Court held there was no jurisdictional error as substitution continues litigation without deciding title and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 1168 of 2022
Petitioner :- Shahabuddin Respondent :- Abid Ali And Another Counsel for Petitioner :- Kirti Kumar Nirkhi,Shobhit Saxena
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the petitioner.
The present petition has been filed challenging the order dated 12.11.2021 passed by the Civil Judge (Senior Division) / F.T.C., Kanpur Nagar in Rent Misc. Case No. 35/23/2015 whereby the Civil Judge has allowed the substitution application of respondent nos. 1 and 2 treating them to be the heirs and legal representatives of the deceased plaintiff. The respondent nos. 1 and 2 alleged that they are the legal representatives of the deceased plaintiff by virtue of a gift deed executed by the plaintiff in their favour on 16.4.2019 which was accepted by them on 17.4.2019.
There is no jurisdictional error or any other illegality in the order passed by the trial court. Substitutions are only for the purpose of continuing with the litigation and do not decide the title of the parties.
The petition is dismissed .
Order Date :- 4.3.2022 Satyam
Digitally signed by SATYAM AGRAHARI Date: 2022.03.04 14:12:57 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether there is any jurisdictional error or illegality in the trial court order allowing substitution of legal representatives.
Shahabuddin
Abid Ali
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
