Abatement of suit
Ashish
(Querist) 01 August 2016
This query is : Resolved
A entered into an agreement to sell a piece of land to B for sum of Rs. 1,00,000. B paid 10,000 as the earnest money however failed to pay the remaining sum on or before the date as agreed to in the agreement. So A refused to sell his land. Now B initiated a suit for specific performance of contract.B got a temporary injunction that till the time this suit is decided A cannot dispose of his land. During the pendency of suit A died. B failed to bring the LR of A on time. As a result suit was abated. After 70 days of abatement, LR's of A sold the land to 3rd party as the only restriction in the form of temporary injunction did not exist and time to make an application for setting aside the order had also expired. B filed an application for setting aside the abatement order along with bringing LR of A to suit with condonation of delay.
Question is suppose the abatement order is set aside then what will happen to the suit as the subject matter of contract is no longer with LR of A. Property no longer belongs to the seller so what is the point of suit.
Guest
(Expert) 01 August 2016
Question paper is framed for ans. ?
Legal Representative of A too will be made party to the suit since they are necessary party to determine the facts of the suit .
If Legal Representative of A have made any error or any illegal things they are liable to payment of Cost which will be determined by Hon. Court.
(Additionally If A was represented by Advocate in Hon. Court then it was duty of Advocate as per one rule under Death of Parties to inform the Court , if he has failed to do so , on that count only abatement can be set aside )
Guest
(Expert) 01 August 2016
If question is from side of Legal Representative of A , then Legal Representative of A should back with all evidence that B did not take name on record within time and he was aware of it . And Contest it till end .
adv.bharat @ PUNE
(Expert) 01 August 2016
Author need to explain the question raised by the expert.
Rajendra K Goyal
(Expert) 02 August 2016
Seems examination problem, if actual, full case file and orders of court need to be referred, discuss with your lawyer.
