GURCHARAN SINGH versus SURJIT SINGH AND ANR.

Where the respondent was dead at the time of filing the Special Leave Petition, the appropriate remedy is to file an application for amendment of the petition and seek condonation of delay; rules providing for substitution apply only where the respondent dies after filing. If delay is adequately explained, the application can be allowed in the interests of justice.

Parties: Petitioner: Gurcharan Singh; Respondent: Surjit Singh; Respondent: Ajaib Singh
Jurisdiction: India
Judgment Date: 02 November 2012
Procedural Posture: Special Leave Petition (civil) / Order on Interlocutory Applications
Outcome: Interlocutory applications disposed of.
Legal Topics: Substitution of Parties, Special Leave Petition, Condonation of Delay

Civil Procedure Substitution of Parties Special Leave Petition Condonation of Delay

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 3 Authorities cited 13 Party arguments 1

Parties

Gurcharan Singh

Petitioner

Surjit Singh

Respondent

Ajaib Singh

Respondent

Procedural Posture

Special Leave Petition (civil) / Order on Interlocutory Applications

Legal Issues

1 Whether an application for substitution of a respondent who was dead at the time of filing the Special Leave Petition is maintainable.
2 What is the remedy of the petitioner upon discovering, after filing, that a respondent was already deceased?

Ratio Decidendi

Court Disposition

Interlocutory applications disposed of.

Orders

I.A. No.2 of 2011 treated as application for amendment of Special Leave Petition and allowed.
Delay condoned as satisfactorily explained in I.A. No.3 of 2011.