Trial Courts Must Conduct Summary Inquiry Under O.22 R.5 CPC To Ascertain Legal Heirs In Disputes: Jharkhand High Court

The Jharkhand High Court in a judgment delivered recently emphasised the mandatory nature of conducting a summary inquiry under Order 22 Rule 5 of the Civil Procedure Code when disputes arise regarding the legal heirs of a deceased plaintiff or defendant. Justice Subhash Chand, presiding over the case, held: “Where there is dispute in regards to legal heirs of deceased plaintiff or defendant the trial court should adopt summary inquiry under Order 22 Rule 5 of the Civil Procedure Code as to who is the legal heir from the rival claimants. From the basis of the same, the intention of the applicant and relief sought is to be gathered.” The Court pointed out that after the death of sole plaintiff, if the natural legal heirs left by the deceased plaintiff also come forward to be substituted as plaintiff in the suit and Dhruo Dubey who was Opposite Party, who had already moved the application to be substituted as a plaintiff on the basis of the will. The High Court, observed that the trial court had failed to consider these crucial facts and, as a result, passed an order based on a “perverse finding.” The Court stated, “the learned Court below has not taken into consideration while allowing the application of Dhruo Shankar Dubey, this very material fact that deceased had also left the natural legal heirs, four daughters and the legal heirs of fifth daughter as well.” The Court directed the lower court to reconsider the substitution application, allowing Dhruo Shankar Dubey to file the will if not already done, and to take into account whether the natural legal heirs of Ram Dulari Devi would come forward to be substituted as plaintiffs. The High Court set aside the trial court's order and directed the learned trial court to reconsider the substitution application afresh, giving Dhruo Shankar Dubey an opportunity to file the will if it had not already been submitted, and to take into account whether the natural legal heirs of the deceased had come forward to be substituted as plaintiffs.