VidhiSangh

Supreme Court of India · 08/02/2018

MAHANTH SATYANAND @ RAMJEE SINGH versus SHYAM LAL CHAUHAN AND OTHERS

[2018] 2 S.C.R. 521 · 2018 INSC 117

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court held that an appellate court must determine a contested claim to represent a deceased party before hearing the appeal on merits. The High Court could not simply substitute both rival claimants without deciding the issue under Order XXII Rule 5 CPC. Its order was set aside and the issue remitted for decision after considering the subordinate court’s report and the parties’ objections. Such summary determination only identifies the representative for the litigation and does not finally decide succession to the religious office.

Issues

  1. Whether both rival claimants could be substituted without determining who represented the deceased appellant.
  2. Whether a substitution decision finally determined entitlement to become Guru.

Provisions considered

Held

Result

Appeals allowed; High Court’s substitution order set aside. Matter remitted for determination of the legal representative before hearing the second appeal, with a request for expeditious disposal. Pending applications disposed of; no costs.

Judgment PDF: Supreme Court of India, [2018] 2 S.C.R. 521.