Adding as plaintiff
Arvind Singh Chauhan
(Querist) 19 December 2011
This query is : Resolved
"A" filed a suit on behalf of himself and on behalf of "B" on her power of attorney.
After death of "B" "A" filed application under Order 1 Rule 10 & O 22 R 1 for adding daughter "C" of "B" as plaintiff.
"C" is not willing to be added as plaintiff even she is not ready to interfere in the matter.
Whether "C" can be added as plaintiff without her consent or
without her prayer as such.
Advocate. Arunagiri
(Expert) 20 December 2011
After the death of B, your POA dies along with B.
You have to include the legal heirs as party, other wise you can not conduct the case.
After bringing in the LRs on record, you can implead C as a party. Consent of the party is not needed. Infact, C will get his summon after the final order on implead petition.
Devajyoti Barman
(Expert) 20 December 2011
A can surely apply for addition of C as legal heir of A under order 22 rule 4.
The court likely to allow such application.
After that it would be up to C to decide whether to make her appearance in the suit or not.
If she does not appear then the suit would proceed on ex parte against C.
prabhakar singh
(Expert) 20 December 2011
When any party in a suit dies and right to sue survives,substitution of LRs is a must step to be taken under order 22 CPC to save the suit from abatement for which no consent of heirs brought to be on record is required.
Heirs have to choose later after summons what they desire to do in the suit.The burden of substitution is always on initiating party of litigation,such as in suit on plaintiff and in appeal/revision/review on appellant/revisionist/reviewer.
Arvind Singh Chauhan
(Querist) 20 December 2011
sir whether court will inform to newly added plaintiff? If yes before the impleadment or after?
Guest
(Expert) 20 December 2011
The question arises, how 'B' without the consent and POA of 'C' can apply on behalf of 'C' to make her a plaintiff in substitution of 'B'?
POA of 'B' does not have any relevance for and on behalf of 'C'. It is not understood, how 'A' can assume any authority, himself, to make 'C' as a plaintiff, unless she desires so.
