R. Krsna Murtii vs R. R. Jagadesan

Court

Supreme Court of India

Date

21 July 2022

Case No.

Civil Appeal No. 4832 of 2022

Result

Allowed

Bench

Dinesh Maheshwari, Aniruddha Bose

Citation

[2022] 7 S.C.R. 490 : 2022 INSC 741

Headnote

Code of Civil Procedure, 1908 – Legal representative – Substitution of – Appellant was the power of attorney holder of his mother who filed a suit – Suit was being prosecuted by the appellant as the power agent – Appellant’s mother (plaintiff) expired – Appellant sought his substitution in the suit as a legal representative – The said application was dismissed by the trial Court after taking into consideration that there were other legal heirs of the deceased and without impleading them, the appellant was not entitled to proceed further – High Court dismissed the revision petition filed against the order of trial Court – On appeal, held: The appellant is admittedly the son of the deceased plaintiff, thus his entitlement, whether by way of testamentary succession or non-testamentary succession, as being legal heir to deceased cannot be denied – If any inquiry was required to be made, it could have been made u/Or.XXII, r.5 of CPC by the trial Court, but the application made by the appellant could not have been dismissed altogether – Impugned orders set aside and application restored for reconsideration by the trial Court.

The Order of the Court was passed by DINESH MAHESHWARI, J. 1. Leave granted. 2. We have heard the appellant appearing in person and the learned counsel appearing for the sole respondent. 3. Shorn of unnecessary details, the relevant aspects of the present matter are that the appellant herein had been the power of attorney holder of his mother, who had filed the subject suit for declaration and perpetual injunction and alternatively, for declaration and recovery of possession against the respondent. The suit was being prosecuted by the appellant as the power agent of the plaintiff. The said

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