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Supreme Court of India 2022-07-21 allowed

R. KRSNA MURTII vs R. R. JAGADESAN

Bench: 2 — Dinesh Maheshwari, Aniruddha Bose

In Brief

A son of a deceased plaintiff sought to be substituted as her legal representative in a civil suit after her death. The Trial Court and High Court rejected his application because other legal heirs (another son and a daughter) had not been impleaded. The Supreme Court held that the son, being admittedly a legal heir, cannot be denied substitution as legal representative, whether by testamentary or non-testamentary succession. The Court allowed the appeal and remitted the application for reconsideration by the Trial Court in accordance with law.

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Civil Procedure Succession Law Legal Representation Substitution of Parties

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