Abatement of suit.
krishna
(Querist) 23 February 2016
This query is : Resolved
Respected sir,
1. In order to suit abate, is it necessary that court should have passed order of abatement or suit abate automaticaly after the expiry of the limitation to bring legal heirs on record irrespective of order of court ?
2. Can court set aside abatement on sufficient cause shown ?
Thank you.
P. Venu
(Expert) 24 February 2016
Please state the real problem, if any.
krishna
(Querist) 24 February 2016
Respected P. Venu sir & Rajendra goyal sir,
In our earlier suit One defendant died but we could not bring legal heir on record & after the expiry of limitation period we withdraw suit with liberty to file fresh suit & make legal heirs as party. In earlier suit court did not make order of abatement.
Whether our fresh suit is abated against legal heirs ?
Thank you.
