Sanjay Kapoor & Anr. v. Jagdish Lal Dua by Lrs.

Supreme Court of India · 06 May 2008
H. K. Sema; Markandey Katju
CIVIL APPEAL NO.7218-7219 OF 2002
civil appeal_dismissed

AI Summary

The Supreme Court dismissed the appeal against the High Court's order allowing substitution, holding that substitution is procedural and does not create substantive rights, allowing the appellant to challenge legal heirship during appeal.

Full Text
Translation output
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.7218-7219 OF 2002
SANJAY KAPOOR & ANR. ... APPELLANT
VERSUS
JAGDISH LAL DUA (DEAD) BY LRS. ... RESPONDENTS
Heard learned counsel for the appellant.
This appeal is directed against the order of the High Court allowing the substitution application. Allowing of substitution application does not create any right.
It is open to the appellant to urge all the contentions available to him under the law at the time of hearing of the appeal. It is also open to the appellant to urge that Jagdish
Lal Dua is not a legal heir of Bhag Chand @ Subhash Chand.
With the aforesaid clarification, the appeals are dismissed. ............................J.
( H.K. SEMA ) ............................J.
( MARKANDEY KATJU )
NEW DELHI, MAY 06, 2008.
JUDGMENT