Supreme Cour Practice And Procedure: When some party has died before judgement of High Court

Normal rule is : Parties in High Court and parties in Supreme Court should be same.

But sometimes it is noticed that some party has died even before the High Court judgement.

A question arises, where application of substitution of legal heirs should be filed. In High Court or in Supreme Court?

The law or practice is not very clear as per my view, as on today.

Once Supreme Court said that such application should be filed only in High Court.

Whereas it is practically very difficult to go back in High Court after judgement. Sometimes whole judgement of High Court becomes nullity if the death of sole respondent or sole appellant was before the date of High Court Judgement.

This is a vexatious situation.

Best course, I suggest is, as per my present view, to file such application in Supreme Court only. If other side does not take technical objection, the application can be allowed. If other side takes serious objection, then court can decide the issue. It has all the powers under Order 47 Rule 1 read with Art. 142 to pass necessary orders.

Haresh Raichura
26/11/13

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