Kerala High Court Notifies Uniform Procedure For Impleading Legal Heirs Of Deceased Parties

The Kerala High Court in an Official Memorandum dated 24 January 2023 has directed for the implementation of a uniform procedure to be followed while impleading the legal heirs of deceased parties.  

The OM  issued by Registrar General reads that Chief Justice has ordered for the implementation of the Division Bench order in State of Kerala v. Govindan, in which the Court observed that:

• It is only proper that the dead persons/is/are also shown in the party array and as is the usual practice, shown as expired or dead; in brackets, which would be a clear indication of there being no necessity to send notice to the deceased respondent, which, we agree, is an impossibility. 
• Similarly, when a respondent alive at the time of filing of the appeal, expires during the course of the appeal, an application for impleadment will have to be filed showing the name of the dead person and then showing as additional respondents, the legal heirs who are sought to be impleaded. In the appellate proceeding also the parties would be shown in the same manner, so that there would be no confusion regarding the reference to the parties in the orders of the Lower Court and Appellate Court.
• In the fitness of things, especially since there is no prohibition, the dead persons also should be shown in the cause title of the I. A for impleading of the legal heirs, settling aside abatement or condonation of delay. 

The memorandum specifies that the directions are to be complied with without fail.