Suit for Bare Injunction
Shivaram Bhat
(Querist) 04 June 2010
This query is : Resolved
In a suit for bare injunction if one of the defendants' expires, under what circumstances can his Lr be brought into record under Order XXII Rule 4 of CPC
adv. rajeev ( rajoo )
(Expert) 04 June 2010
If there is delay in bringing the LRs of the deceased you will have to file an application u/s 5 of limitation act to condone the delay
niranjan
(Expert) 04 June 2010
It depends, if right to sue survives.
G. ARAVINTHAN
(Expert) 05 June 2010
No need to file application if the Lrs not living in that locality or not troubling with the Plaintiff.
In such occasion, a memo need to be filed stating that no need for application and the said suit is proceeded after an order of dismissal against such defendant
G. ARAVINTHAN
(Expert) 05 June 2010
In case of filing Application for Lr after 90 days of death of that defendant, you need to file an application to setaside abatement along with an application to bring Lrs on record.
In case of filing Application for Lr after 180 days of death of that defendant, you need to file an application to condone the delay in filing abatement application along with an application to setaside abatement along with an application to bring Lrs on record.
kranthi kiran
(Expert) 05 June 2010
In a suit for injunction, relief is sought against a person(individual), restraining him form intereference,(no rights against the property are claimed). Therefore, unelss the LRs of defendant interfere with you possesion/right, no need to implead them in the suit.
Uma parameswaran
(Expert) 06 June 2010
If they are necessary party then implead them.
