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Supreme Court Of India

Hon'ble Judge(s): Dinesh Maheshwari, Aniruddha Bose , JJ

Civil P.C. (5 of 1908) , O.22 R.3, O.22 R.5— Substitution of legal representative - Application for - Applicant was son of deceased plaintiff and his entitlement, whether by way of testamentary succession or non testamentary succession, as being legal heir of deceased plaintiff cannot be denied - If any inquiry was required to be made, Trial Court could have adopted course envisaged by O.22 R.5 but could not have dismissed his application altogether on ground of existence of other legal heirs of deceased plaintiff - Order rejecting application for substitution of legal representative, set aside. (Para 11 12)