Order 22 of C.P.C 1908

Vijayshankar Lakhera (Querist) 13 September 2015 This query is : Resolved
i am plaintiff and i plaintiff is no unable to find out the legal heirs of defendant . so what is the way for not being abatement of suit for declaration and recovery and specific performance.

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rajagopal.s (Expert) 14 September 2015
Hi,
it is for the court to find out the legal heirs of defendant. The court may issue a notice in newspaper or may advise the counsel of your defendant to come up with legal heirs. do not worry.

Rajendra K Goyal (Expert) 14 September 2015
Being a plaintiff, better try to find out the names of LH and bring them on record.

T. Kalaiselvan, Advocate (Expert) 21 September 2015
It becomes the duty of the defendant counsel to file a memo intimating the court about the death of the defendant and to file a petition to implead LRs of the deceased defendant. However nothing bars the plaintiff from taking steps to implead the LRs of the deceased defendant. He has to rely upon the address of the deceased defendant only for sending summons or notice to the LRs of the deceased defendant. Once proper action is initiated, the abatement may be avoided.

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