VidhiSangh

Supreme Court of India · 21/07/2022

R. KRSNA MURTII versus R. R. JAGADESAN

[2022] 7 S.C.R. 490 · 2022 INSC 741

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Summary

The appellant had prosecuted his mother's suit for declaration and possession as her power of attorney holder. After she died, he applied to be substituted as her legal representative, relying on a registered will in his favour. The trial court dismissed the application because the deceased also had another son and a daughter, and the High Court affirmed, holding that he should have impleaded the other legal heirs. The Supreme Court set both orders aside. As an admitted son, the appellant is a legal heir by either testamentary or intestate succession, so his application for substitution could not be refused. If any inquiry into the question of legal representation was needed, the trial court could follow Order XXII Rule 5 CPC, but it could not dismiss the application outright.

Issues

  1. Whether a son of a deceased plaintiff could be refused substitution as her legal representative because other legal heirs had not been impleaded.

Provisions considered

Held

Result

Appeal allowed. The orders of the trial court and the High Court were set aside, and the substitution application restored for fresh consideration by the trial court in accordance with law. No order as to costs.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 490.