OM PRAKASH MARWAHA (D) TH. LRS. vs JAGDISH LAL MARWAHA(D)THR. LRS.

The Supreme Court addressed the procedural issue of substitution of legal heirs in civil appeals, specifically under Order 22 Rule 3 and Section 151 of the Code of Civil Procedure. The Court held that the legal representatives of a deceased party can be substituted even if a formal order of substitution was not made during the pendency of the appeal, affirming the High Court's decision to allow the application for rectification of the decree. The Court emphasized that the heirs had the right to seek rectification as they were parties to the appeal and had been substituted as legal representatives of the original plaintiff.