Careem v. Sivasubramaniam and Another – sllr 2003 volume 2 page 197

The case between CAREEM (Plaintiff/Appellant) and SIVASUBRAMANIAM AND ANOTHER (Defendant/Respondent) addressed whether, under section 760A of the Civil Procedure Code, an affidavit alone suffices for the substitution of a party after the death of a litigant in a pending appeal, and whether an individual who received the subject premises by deed of gift qualifies as the proper person to be substituted, even if not an heir, executor, or administrator. The findings established that an affidavit without an accompanying petition is procedurally acceptable for substitution purposes, and that the inquiry under section 760A is a fact-based determination strictly aimed at ensuring the continuation of the appeal. Substitution was permitted solely for prosecuting the appeal and not for adjudicating s