Defendent dead

GANGAM.RAJENDER. (Querist) 04 March 2013 This query is : Resolved
i was field a suit ,in that suit suddenly defendent has dead,can i file fresh suit against the legal hairs of the defendents or legal hairs can be added in same suit.if possible explain the procedure how to be added the defendents in place of deceased defendent.pls expl sir

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Devajyoti Barman (Expert) 04 March 2013
No, you can not. You need to substitute the legal heirs of dead defendant in the suit.

prabhakar singh (Expert) 04 March 2013
Order XXII of the Code of Civil procedure deals such situations.If right to sue survives ,the plaintiff is expected to move substitution of the Legal Representatives of the deceased defendant with in 90 days from the date of death as provided in article 120,where delay if any,causing abatement can be sought to be set aside with in 60 days from the date of abatement as laid in article 121 of the Limitation Act.

You must not file any fresh suit.

Move substitution application taking care of provisions referred above.

Raj Kumar Makkad (Expert) 04 March 2013
The legal heirs shall have to be inserted in place of deceased defendant as advised.

Rajeev Kumar (Expert) 04 March 2013
The legal heirs should be subsituted as Prabhakar sir have advised.

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