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In the case of Chand Devi Daga vs. Manju k humatani during the pendency of the petition, the original complainant died and the legal heir filed an application praying that he should be substituted in place of the petitioner. The Chhattisgarh High Court had allowed his application and this order was assailed. It was also said that in the case of trial of summon case, it is not necessary or mandatory that after death of complainant, the complaint is to be rejected, the magistrate can proceed with the complaint.
Supreme Court has upheld the decision of high court that allowed the legal heir of the complainant to continue the petition before the high court.
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