status of civil case after death of defendant


hi all,

 

pls tell will the case get dismissed after death of the defendant, what will be the procedure to get it dismissed

 
Reply   
 

suit abates after the death of defandants and you have make an application of bringing the LR's of defandants to continue with the case,

 
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Advocate

if it is necessary to proceed i mean in
cases such as partition and recovery of amounts you have to file a
petition under order 22 to bring the LRs of the deceased on record.
Remember you have to file the petition within 90 days from the date of
knowledge of death of the Defendant lest you have to file a petition to
setaside abatement under or 22 rule 9.

 
Reply   
 

The suit will be infracutious against the dead person. Thefore an application to bring the legal heirs of deceased to be made by the plaintiff U/O XXII of Code of Civil Procedure, if they not appear before the Court evenafter service of summons, then the suit will be decreed infavor of plaintiff.

 
Reply   
 

The suit will be infracutious against the dead person. Thefore an application to bring the legal heirs of deceased to be made by the plaintiff U/O XXII of Code of Civil Procedure, if they not appear before the Court evenafter service of summons, then the suit will be decreed infavor of plaintiff.

 
Reply   
 

order 22rule4  of civil procedure code provides procedure in case of death of one of several defendants or of sole defendent .   you may go through the provision., I think you will get the right answer.

 
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not because plaintif filed a substitution petition before the concerned court to take permission to add the legal representatives a party under rule 22 of the cpc

 
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n/a

thanks all,


I want to get the case dismissed as i am from defendant side............... its a recovery suit of nominal amount and framed fraudently.....................what should we do.......... how defefendant LR can be made responsible in recovery suit pls explain

 
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Lawyer

m unable to understand why these guests r fighting in the instant query.


on query side Order 22 of CPC is available for help to implead the LRs of the defendant.


its my advice dont be offensive aganist each other in the forum, if u people have courage then pls come up with ur pics and complete profile on the portal.  dont create nuisance by posting unprofessional posts.

 
Reply   
 

hai


 


if it is a injunction suit then if the defendant dies the suit is liable to be dismissed and there are many decisions on the said point.


 


the law stands that the injunctive relief being a personal releif the cause of action shall not survive if the defendant dies. the legal heirs cannot be brought on record and even there can no impleading of any party to the suit.

 
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