The High Court reaffirmed that where no application is made to bring the legal representatives of a deceased appellant on record, and there is no interest shown in pursuing the matter, the appeal stands liable to be dismissed in default for want of prosecution. This continues existing procedural precedent, providing binding authority for subordinate courts dealing with similar omissions in civil appellate litigation.
Summary
| Category | Data |
|---|---|
| Case Name | RSA/3800/2000 of SHIV DARSHAN KAUMAR Vs PUNJAB STATE |
| CNR | PHHC010442422000 |
| Date of Registration | 05-10-2000 |
| Decision Date | 29-10-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | MR. JUSTICE DEEPAK GUPTA |
| Court | High Court of Punjab and Haryana |
| Bench | Single Judge Bench |
| Precedent Value | Binding on subordinate courts within jurisdiction |
| Overrules / Affirms | Affirms established procedural requirement under law |
| Type of Law | Civil Procedural Law |
| Questions of Law | Effect of failure to bring legal representatives (LRs) on record after appellant’s death |
| Ratio Decidendi |
When the sole appellant dies and no application is made to bring LRs on record, the appeal cannot proceed. The court noted absence of representation for the appellant and lack of application for substitution of LRs. It was observed there was no indication the appellant’s heirs were interested in continuing the appeal. Accordingly, the appeal was dismissed for want of prosecution. This affirms the settled approach to prosecution of appeals following the death of an appellant. |
| Facts as Summarised by the Court |
No one appeared for the appellant on the date of hearing. Registry report indicated death of the sole appellant with no application filed to bring LRs on record or pursue the appeal; appeared there was no interest in prosecution. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Punjab and Haryana |
| Persuasive For | Other High Courts |
| Follows | Established procedural law regarding abatement and prosecution post death of sole appellant |
What’s New / What Lawyers Should Note
- Reaffirms that failure to bring legal representatives on record after the death of the sole appellant results in dismissal of appeal for want of prosecution.
- Highlights the crucial importance for appellants’ counsel or heirs to proactively move applications for substitution to avoid abatement and dismissal.
- Confirms that absence of interest or steps to prosecute is sufficient ground for dismissal.
Summary of Legal Reasoning
- The court observed no representation on the appellant’s behalf.
- Registry’s report indicated that the sole appellant had died, and no application had been moved to bring his legal representatives on record.
- The court inferred lack of interest by the appellant’s LRs in prosecuting the appeal.
- In such circumstances, per procedural law, the only recourse is dismissal for want of prosecution.
- This approach maintains the procedural discipline and finality in appellate proceedings where parties do not act diligently.
Arguments by the Parties
No arguments are recorded in the judgment, as there was no representation for the appellant and no indication of submissions from the respondents.
Factual Background
The appeal was filed by a sole appellant. The appellant died during the pendency of the appeal. No application for bringing legal representatives on record was filed, and no one appeared on behalf of the appellant at the hearing. The registry informed the court regarding the appellant’s death. The court noted absence of interest in pursuing the appeal and dismissed it for want of prosecution.
Statutory Analysis
The judgment affirms the procedural principle that, following the death of a sole appellant, it is necessary—within the prescribed period—to move for substitution of legal representatives, failing which the appeal abates and may be dismissed for default.
Alert Indicators
- ✔ Precedent Followed – The decision reiterates and follows the established procedure governing appellate abatement and dismissal on non-prosecution after a party’s death.