YASHPAL JAIN versus SUSHILA DEVI & OTHERS

YASHPAL JAIN versus SUSHILA DEVI & OTHERS

The High Court's order quashing the trial court and revisional court orders was set aside because on the record the respondents had themselves sought substitution of the appellant as legal representative in WP(M/S) No.342/2005, the appellant's affidavits did not admit Manoj Kumar Jain to be the legal representative, and Manoj Kumar had indicated he would not press his substitution; accordingly the trial court order dated 09.05.2012 (as affirmed on 13.12.2012) permitting substitution of the appellant was rightly sustained and must be given effect to; additionally the Court issued directions to curb judicial delay and improve case management.

Parties
Appellant: Yashpal Jain; Respondents: Sushila Devi & Others
Jurisdiction
India
Judgment Date
20 October 2023
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
Substitution of Legal Representative, Condonation of Delay, Adjournments, Case Flow Management, Judicial Delay, Alternative Dispute Resolution
Civil Procedure Property Law Judicial Administration Substitution of Legal Representative Condonation of Delay Adjournments Case Flow Management Judicial Delay +1 more

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Parties

Yashpal Jain

Appellant

Sushila Devi & Others

Respondents

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the High Court order dated 28.11.2019 quashing the trial court and revisional court orders allowing substitution/impleadment of the appellant as legal representative of the deceased plaintiff should be sustained or set aside
  2. 2 Whether further directions are required to conclude Suit No.2 of 1982 in a time bound manner given prolonged pendency
  3. 3 Whether the appellant's affidavits amounted to admission of Manoj Kumar Jain as legal representative such as to preclude substitution

Ratio Decidendi

The High Court's order quashing the trial court and revisional court orders was set aside because on the record the respondents had themselves sought substitution of the appellant as legal representative in WP(M/S) No.342/2005, the appellant's affidavits did not admit Manoj Kumar Jain to be the legal representative, and Manoj Kumar had indicated he would not press his substitution; accordingly the trial court order dated 09.05.2012 (as affirmed on 13.12.2012) permitting substitution of the appellant was rightly sustained and must be given effect to; additionally the Court issued directions to curb judicial delay and improve case management.

Court Disposition

Appeal allowed

Orders

  • Order dated 28.11.2019 of the High Court of Uttarakhand in WP(M/S) No.144 of 2013 set aside
  • Order dated 09.05.2012 passed by the Trial Court, as affirmed in Civil Revision No.4 of 2012 dated 13.12.2012, stands affirmed