The court has reaffirmed that a writ petition may be dismissed for non-prosecution if the petitioner passes away and no legal representatives are brought on record despite opportunities. This upholds existing procedural law and has binding value for all similar cases in the Punjab and Haryana High Court.
Summary
| Category | Data |
|---|---|
| Case Name | CWP/20323/2018 of SATVIR SINGH Vs STATE OF HARYANA AND ORS |
| CNR | PHHC010913422018 |
| Date of Registration | 14-08-2018 |
| Decision Date | 30-10-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | MR. JUSTICE SANDEEP MOUDGIL |
| Court | High Court of Punjab and Haryana |
| Bench | Single Bench: MR. JUSTICE SANDEEP MOUDGIL |
| Precedent Value | Binding on subordinate courts within Punjab and Haryana; persuasive for other High Courts |
| Type of Law | Procedural Law |
| Questions of Law | What procedural steps must be followed when a writ petitioner passes away during proceedings? |
| Ratio Decidendi |
The court held that where a petitioner in a writ petition has passed away, and the counsel has not received instructions to bring the legal representatives on record despite being provided ample opportunity, dismissal for non-prosecution is appropriate. This decision reaffirms existing procedural rules on abatement and non-prosecution in writ matters. The judgment underscores the duty of counsel to take necessary steps to continue proceedings, and the consequence of inaction is dismissal. |
| Facts as Summarised by the Court | The petitioner’s counsel informed the court that the petitioner had died and counsel had not received instructions to add legal representatives, despite several opportunities. The court then dismissed the writ petition for non-prosecution. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within Punjab and Haryana |
| Persuasive For | Other High Courts and potentially Supreme Court on procedural points |
What’s New / What Lawyers Should Note
- Reaffirms that writ petitions may be dismissed for non-prosecution if legal representatives are not brought on record after the petitioner’s death, even after opportunities have been given.
- Stresses the responsibility of counsel to act diligently upon the demise of the client and to seek instructions for substitution if the petition is to continue.
- Serves as binding procedural authority on abatement and dismissal for lack of prosecution in the Punjab and Haryana High Court.
Summary of Legal Reasoning
- The court recorded that the petitioner’s counsel communicated the death of the petitioner and confirmed lack of instructions to bring legal representatives on record.
- The court observed that even after being given ample opportunities, the counsel had not brought legal representatives on record.
- Consequently, the court found no alternative but to dismiss the petition for non-prosecution, applying established procedural principles regarding abatement and the necessity for legal representatives to be substituted if proceedings are to continue.
Arguments by the Parties
Petitioner
- Counsel informed the court that the petitioner is deceased.
- Counsel stated that no instructions had been received to bring legal representatives on record despite ample opportunities granted.
Factual Background
- The writ petition was pending before the High Court of Punjab and Haryana.
- During pendency, the petitioner’s counsel informed the court that the petitioner had passed away.
- Despite being afforded ample opportunity, the counsel did not receive instructions to bring the petitioner’s legal representatives on record.
- The court dismissed the petition for non-prosecution.
Statutory Analysis
- The judgment applied procedural rules regarding abatement of proceedings upon the death of a party and the requirement for substitution of legal representatives.
- The decision reflects the established principle that failure to substitute legal representatives, after being given opportunity, can result in dismissal for non-prosecution.
Alert Indicators
- ✔ Precedent Followed – The decision reaffirms and follows established procedural law regarding abatement and non-prosecution.