order 22

rajvinder singh (Querist) 23 August 2010 This query is : Resolved
who has to move application for impleading the legal hiers of the deceased respondent in appeal.the respondent was appearing in appeal through councel and now he died.What should be done to implead LR's of respondent .under which order who has to move an appliaction for bringing the Lr's on record

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s.subramanian (Expert) 23 August 2010
It is the appellant whop has to implead the legal heirs of the deceased respondent under Order 22 of C.P.C. Fil;e an application with all the details of the legal heirs to be impleaded. If they are not impleaded,the appeal will be dismissed as abated.

Devajyoti Barman (Expert) 23 August 2010
Yes they can be impleaded under order 22 but any of the party can make such application.

R.Ranganathan (Expert) 23 August 2010
The appellant has to implead the legal heirs as stated by the expert s.subramanian, if the respondent counsel is not taking any action to implead the legal heirs of the deceased respondent.

Rajeev kulshreshtha (Expert) 24 August 2010
It is the duty of appellant to imp lead the LR's of respondent But rule 10A of order 22 CPC casts a duty on pleader of deceased party to inform the court about the death of his client.

masood ausaf (Expert) 24 August 2010
I agree with Mr. Rajeev. The prime duty to imleade the legal heirs is of the Appellant to save his Appeal otherwise the same will liable to be dismissed. However, the as per Law the Advocate of the Respondent has also a duty to the COurt to inform the death of his client as his Vakalata stands cancelled upon the death of his client.