Interlocutory application

Querist : Anonymous (Querist) 26 February 2011 This query is : Resolved
Hi, We had filed an interlocutory application with the Jharkhand High Court to quash the proceedings initiated against us in a lower court which had not given us a fair opportunity file our written representation. Me and my father were the petitioners in the petition before the Hight Court. The Hight Court ordered a stay on the proceedings in the lower court and ordered the respondents to appear and file their counters as to why our petition be not allowed and the case be disposed of at the stage of admission itself. However the respondents only filed vakalatnama and did not file any counter and its been over one and a half years since then. In the meanwhile my father expired a couple of months back. My queries are that: 1. Since both of us were the petitioners in the case, is there any need to file a substitution for my father or just removing his name from the petition be enough. 2. My lawyer is saying that since we are enjoying the privilege of a stay on the proceedings in the lower court, the court is not keen on taking up the matter and disposing it off at the earliest. But i want to know if there is any way were we can get rid of this monkey off our back. Thanks in advance.

Follow Query

Report Abuse

Devajyoti Barman (Expert) 26 February 2011
1. Yes you just need to expunge/delete his name and no substitution is required since you are already on record.
2. Ask your advocate to mention the case before the Judge to get the matter listed and finally heard.

s.subramanian (Expert) 26 February 2011
If there are other legal heirs of your father, you have to bring them on record in this case.

Querist : Anonymous (Querist) 26 February 2011
i dont want to bring my mother's name into this. so i want to be the only petitioner in this case. So is there anything written that has to be filed on her behalf?

Also how much will the fact that the responents have not filed a counter for over one and a half years go against them?

Devajyoti Barman (Expert) 26 February 2011
If your father has dies leaving behind more tan one persons as his legal heirs then all of them will have to be brought on record.

Querist : Anonymous (Querist) 26 February 2011
What is meant by bringing on record? And can you please give reference of any section in the code of civil procedure or any of the rules.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries