PURAN SINGH AND ORS. versus STATE OF PUNJAB AND ORS.

PURAN SINGH AND ORS. versus STATE OF PUNJAB AND ORS.

Order 22 of the Code of Civil Procedure does not automatically apply to writ proceedings under Articles 226 and 227 of the Constitution. However, if the right to pursue the remedy survives after the death of a respondent, it is incumbent upon the petitioner/appellant to substitute the legal representatives within a...

Source-derived case information.

Parties
Appellant: Puran Singh and Ors.; Respondent: State of Punjab and Ors.
Jurisdiction
India
Judgment Date
18 January 1996
Procedural Posture
Civil Appeal / Final Disposition by Supreme Court
Outcome
appeal dismissed
Legal Topics
Applicability of Code of Civil Procedure to Writ Proceedings, Substitution of Legal Representatives in Writ Petitions, Abatement of Writ Proceedings
Constitutional Law Civil Procedure Applicability of Code of Civil Procedure to Writ Proceedings Substitution of Legal Representatives in Writ Petitions Abatement of Writ Proceedings

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Parties

Puran Singh and Ors.

Appellant

State of Punjab and Ors.

Respondent

Procedural Posture

Civil Appeal / Final Disposition by Supreme Court

Legal Issues

  1. 1 Are the provisions of Order 22 of the Code of Civil Procedure, 1908 applicable to writ proceedings under Articles 226 and 227 of the Constitution of India?
  2. 2 Is it incumbent upon a petitioner/appellant to substitute legal representatives of a deceased respondent in writ proceedings?
  3. 3 Does failure to substitute legal representatives within a reasonable time result in abatement of writ proceedings?

Ratio Decidendi

Order 22 of the Code of Civil Procedure does not automatically apply to writ proceedings under Articles 226 and 227 of the Constitution. However, if the right to pursue the remedy survives after the death of a respondent, it is incumbent upon the petitioner/appellant to substitute the legal representatives within a reasonable time. Failure to do so, as in this case, justifies dismissal of the writ petition.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed. No orders as to cost.
  • High Court order dismissing writ petition affirmed.