In Brief
This appeal concerns whether Yashpal Jain should replace Manoj Kumar Jain as the legal representative of the deceased plaintiff Urmila Devi in a 41-year-old property dispute suit. The Supreme Court held that the appellant is entitled to substitution because the defendants themselves had earlier recognized him as Urmila Devi's legal representative in related proceedings, and his affidavits merely confirmed his role as a witness to the Will, not an admission of Manoj Kumar's status. The Court set aside the High Court's rejection order. The judgment also addresses the alarming problem of judicial delay, issuing comprehensive directions to trial courts on implementing CPC provisions strictly—requiring day-to-day trials, timely service of summons, written statements within 30 days, realistic cost awards for avoidable adjournments, and active monitoring by High Court committees to expedite case disposal.
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