Substitution in Special Leave Petitions: amendment is required when the respondent was already deceased at filing.

Order XVI Rules 8 and 9 of the Supreme Court Rules, 1966 apply only where the respondent was alive when the Special Leave Petition was filed and later dies or changes status. If the respondent was already deceased on the filing date, substitution is not the proper course; the petitioner must seek amendment of the Special Leave Petition to bring the legal representatives on record. Where that request is time-barred, an accompanying application under Section 5 of the Limitation Act, 1963 for condonation of delay is required and must be satisfactorily explained. The substitution request was treated as an amendment application, delay was condoned, and the applications were allowed.

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Issues: Whether an application for substitution is maintainable where the respondent was already / deceased when the Special Leave Petition was filed, and what remedy is available to the petitioner in such a situation.

Analysis: The operative procedural provisions for substitution under Order XVI Rules 8 and 9 of the Supreme Court Rules, 1966 apply only where the respondent was alive when the Special Leave Petition was instituted and later dies or undergoes a change of status. Where the respondent was already dead on the date of filing, those rules do not govern the situation. The appropriate course is to seek amendment of the Special Leave Petition so that the legal representatives are brought on record, and if the request is beyond limitation, an accompanying application under Section 5 of the Limitation Act, 1963 for condonation of delay must be filed and supported by a satisfactory explanation. The interlocutory applications for amendment and delay were examined on that basis and the explanation was accepted.

Conclusion: The substitution application was treated as an application for amendment of the Special Leave Petition, the delay was condoned, and the applications were allowed in favour of the petitioner.

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