Plaintiff has past away, does defendant need to inform court?

niky...... (Querist) 25 February 2014 This query is : Resolved
Unfortunately the Plaintiff has passed away, does Defendant need to inform this to court or this the responsibility of the Plaintiff's lawyer?

Any impact on the case if this is not told by Plaintiff's lawyer to the court ?

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Devajyoti Barman (Expert) 26 February 2014
Whoever knows this should apply for substitution by his legal heirs.

Nadeem Qureshi (Expert) 26 February 2014
it is duty of plaintiff or his or her legal heir to informed to court and file an application for subsitution

niky...... (Querist) 26 February 2014
Thank you, so if the Plaintiff's heir donot open this fact within some specific time, is there a chance of this case to be dismissed? And what is that time span?

ajay sethi (Expert) 26 February 2014
chamber summons for adding name of legal heirs have to be taken out within 90 days . however delay can be condoned . it is better that you inform the court of death of Plaintiff

Guest (Expert) 26 February 2014
Well advised.

Rajendra K Goyal (Expert) 26 February 2014
Agree with the advise of expert ajay sethi ji.

niky...... (Querist) 26 February 2014
Thank you very much for your advise.

T. Kalaiselvan, Advocate (Expert) 28 February 2014
It is always better to inform the court about the death of the plaintiff, if the lawyer of the plaintiff does not makes any effort, the legal heir of the plaintiff can inform.

niky...... (Querist) 28 February 2014
thank you for the suggestion.

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