Civil Procedure Code

H. Mujtaba (Querist) 06 March 2009 This query is : Resolved

Suit for perfecting the titile by Adverse Possession is filed against 5 defendants. Summons issued to defendants 3 and 4 was returned with an endorsement that the said defendatns have died even prior to the institution of the suit.

What is the remedy in such circumstances to the plaintiff, either to invoke order 22 rule 4 or Orer 1 Rule 10 Read with section 153 of C.P.C to bring the legal representatives of the deceased defendants on record

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AEJAZ AHMED (Expert) 06 March 2009
Dear Mujtaba,

As per me it is better to go for :

Oder 1 Rule 10 R/W. 151 of CPC

to implead the LR's of D-3 and D-4

PALNITKAR V.V. (Expert) 06 March 2009
Yes. Mr. Aejaz is right.

Adv.Shine Thomas (Expert) 07 March 2009
The above opinion is right

M. PIRAVI PERUMAL (Expert) 07 March 2009
It is better to invoke Order 1 Rule 10 R/W. 151 of CPC

B.B.R.Goud. (Expert) 07 March 2009
it is appropriate to invoke order I Rule 10 r/w sec 151 of CPC

Kamlesh soni (Expert) 07 March 2009
It is better to invoke Order 1 Rule 10 R/W. 151 of CPC

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