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Allahabad High Court

SRI KRISHNA AND ANOTHERversusBAJRANG AND ORS.

Decided
Disposal
Dismiss other than merit(DD/Non Prosec./Abated)

Holding

The court held that substitution of the deceased respondent is permissible and allowed the application.

Summary

The respondents filed an application seeking substitution of respondent No.9 who had died. The petitioners did not raise any objection to the substitution. The court examined the application and, finding no opposition, allowed the substitution. It directed that the necessary substitution be effected within a week and listed the matter for further hearing on January 9, 2026. The order was signed by the presiding judge.

Issues considered

  • Whether a deceased party may be substituted in the proceedings under the applicable procedural law

Subjects

  • substitution
  • death of party
  • civil procedure
  • high court
  • application

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                                LUCKNOW
                                                     SECOND APPEAL DEFECTIVE No. - 128 of 2019

                                     Sri Krishna And Another
                                                                                                .....Appellant(s)
                                                                       Versus

                                     Bajrang And Ors.
                                                                                              .....Respondent(s)

                                     Counsel for Appellant(s)                     :   Syed Ahmad Jamal
                                     Counsel for Respondent(s)                    :   Haushila Prasad

                                    Court No. - 19
                                                        HON'BLE PRASHANT KUMAR, J.

                                    C.M. Application No.IA/8/2023.

                                    1. Heard learned counsel for the parties.

                                    2. This is an application for substitution on account of death of respondent
                                    no.9.

                                    3. There is no objection by the other side.

                                    4. On due consideration, the application is allowed.

                                    5. Let the necessary substitution be incorporated within a week.

                                    6. List this case on January 9, 2026.



                                                                                           (Prashant Kumar,J.)
                                    November 25, 2025
                                    Anupam S/-




Digitally signed by :-
ANUPAM SINGH PATEL
High Court of Judicature at Allahabad,
Lucknow Bench


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