Code of Civil Procedure, 1908–Order 22, Rule 5–On the earlier occasion SA was substituted as the legal representative of SH in pursuance of the remand of the matter by this Court–Meanwhile, TR passed away–High Court went ahead and passed the order of substitution of SA–Claim of VE is based on the claim of TR, therefore, the High Court did not find it appropriate or necessary to consider his case–High Court ignored the fact that the order dated 30.01.2019 was passed after the death of TR and without considering the pending substitution application–While dismissing the application, High Court did not follow the correct procedure–Impugned orders set aside and matter remanded back for a fresh decision on substitution.
