On interesting thing about the knowledge of the judges I I want to share it.
Suit in REm and Suit In persona;
Suit in Rem means suit filed against whole world, there will not be any defendant. Suit in persona means suit against a partiuclar person.
Once I had filed a declaration suit on the basis of the will declare that my client is the sole legal heir of the deceased so and so. Will was unregd.,
The judge asked that no defendant how come u filed the suit then along with the ruling I tried to convince the judge regardng the suit in rem and suit in persona, but she said what is thein I have not hear and this suit is not maintainble without the defendants, inspite of the ruling she didn't understand what is rem and personal. She dismissed the suit. On that judgement even appeal court dismissed the suit because the judge was also like that.
So I had to file a fresh suit unnecessary making one of the relatives of my client as defendant stating that defendant is denying that he is not the legalheir of the deceased and afterwards and filed a compromise petition and it is shown that defendant is agreed that plaintiff is the only legalheir of the deceased and we kept her before the court and submitted the same thing.
Just this article is to bring the knowledge of the judges.
Tags :Civil Law