Petitioner challenged the trial court's order allowing impleadment of legal representatives in place of a deceased plaintiff under Order 22 Rule 3 CPC. The bench found the right to sue survived and saw no illegality, dismissing the application under Article 227.
Petitioner's application under Article 227 of the Constitution was dismissed.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.528 of 2019
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Rajendra Prasad Sah S/o Late Mahadeo Sah, resident of Village Asarganj, P.S.- Asaraganj, Distt.- Munger.
... ... Petitioner
Versus Lakshmi Devi, W/o Late Balram Sao, resident of Village- Makwa, Pergana Lakhanpur, P.S.- Tarapur, Distt.- Munger. ... ... Respondent ====================================================== Appearance : For the Petitioner : Mr.Kumar Kamal Nayan, Advocate For the Respondent : Mr. ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 29-08-2019
This application has been filed by the petitioner for setting aside the order dated 17.12.2018 passed by the learned Sub-Judge-1st, Munger in Title Suit No. 109 of 1978 whereby he has allowed the application dated 26.07.2018 filed under Order 22 Rule 3 of the Code of Civil Procedure (for short ‘CPC’) for impleading Salil Kumar and Sourav Kumar as party in place of Shiv Shankar Sao who had died on 14.02.2017.
Patna High Court C.Misc. No.528 of 2019 dt.29-08-2019 2/3
Patna High Court C.Misc. No.528 of 2019 dt.29-08-2019 3/3
(Ashwani Kumar Singh, J)
kanchan/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 02.09.2019 |
| Transmission Date |
2 issues framed by the court
Whether the trial court erred in allowing impleadment of legal representatives under Order 22 Rule 3 CPC despite alleged inordinate delay.
Whether the supervisory jurisdiction under Article 227 warrants interference with the trial court's order allowing impleadment.
2 provisions across 2 enactments
Rajendra Prasad Sah
Lakshmi Devi
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
