In Brief
A dispute arose over the legal succession to a deceased defendant in a pending appeal. The trial court found one person qualified to represent the deceased's estate, but objections were raised by another claimant. The High Court substituted the trial court's choice without properly considering the objections. The Supreme Court held that while the High Court may seek the trial court's findings under Order 22 Rule 5 CPC, it must independently decide the question of legal representation after considering both the trial court's report and any objections. The Court set aside the High Court's orders and remitted the matter for a fresh decision following proper procedure.
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