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Supreme Court of India · 20/10/2023

YASHPAL JAIN versus SUSHILA DEVI & OTHERS

[2023] 15 S.C.R. 948 · 2023 INSC 948

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Summary

The Supreme Court restored Yashpal Jain’s substitution as legal representative of the deceased plaintiff, with delay condoned and abatement set aside. Representation of an estate was distinct from final heirship or title, which remained open. Disturbed by decades of delay, the Court also directed district and taluka courts to enforce procedural schedules, manage trials and adjournments, and report old cases for regular High Court monitoring.

Issues

  1. Whether the High Court rightly reversed substitution of the deceased plaintiff’s legal representative.
  2. What procedural and monitoring measures were required to reduce civil-trial delay.

Provisions considered

Held

Result

Appeal allowed; High Court order set aside and trial order, affirmed in revision, restored. Substitution, condonation and setting aside abatement sustained, with property and testamentary merits open. Nationwide procedural and monitoring directions issued; no costs.

Judgment PDF: Supreme Court of India, [2023] 15 S.C.R. 948.