GURCHARAN SINGH vs SURJIT SINGH (D) THR. LRS.

The Supreme Court addressed the maintainability of an application for substitution of a deceased respondent in Special Leave Petition No. 7735 of 2010, citing Order XXII of the Code of Civil Procedure, 1908. The Court held that even if the respondent was deceased at the time of filing, legal heirs can be substituted, and the delay in filing such an application can be condoned if satisfactorily explained under Section 5 of the Limitation Act. The Court emphasized that the application must be treated as if the appeal is filed for the first time against the legal representatives of the deceased.