In Brief
Two spiritual leaders claimed to be the legal representative of a deceased appellant in a pending property dispute case before the High Court. Instead of determining which person was the actual legal representative, the High Court allowed both claimants to participate in the appeal. The Supreme Court held this was incorrect. Under Order 22 Rule 5 of the Code of Civil Procedure, the Court must first definitively determine who is the legal representative of a deceased party before proceeding with the substantive hearing. The determination cannot be postponed or both claimants allowed to participate simultaneously. The Court set aside the High Court's order and remitted the matter for proper determination of the legal representative question.
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