Supreme Court of India · 2002-08-13
Nagina Singh & Ors vs Naga Singh & Ors
- Citation / case number
- AIR 2002 SUPREME COURT 3028
- Court
- Supreme Court of India
- Petitioner
- Nagina Singh & Ors
- Respondent
- Naga Singh & Ors
- Author
- Bisheshwar Prasad Singh
- Bench
- M.B. Shah, Bisheshwar Prasad Singh
Judgment text excerpt
The Supreme Court upheld the High Court's dismissal of the application for substitution of legal representatives under Order 22 Rule 4 of the Code of Civil Procedure, 1908, stating that the appellants failed to challenge the respondents' claims regarding the death of appellants 1(d) and 1(e) in a timely manner. The Court emphasized the necessity of bringing legal representatives on record to maintain the appeal, affirming that the absence of such representatives rendered the appeal incompetent. Consequently, the appeal was dismissed, reinforcing the procedural requirement for substitution in civil proceedings.