civil procedure code- impleading LRs
sudhirghabasu
(Querist) 12 October 2015
This query is : Resolved
Sir I'm sudhir advocate from Chennai. In my case i have a query for which I need your help. I'm appearing for the 2nd defendants in a suit. The plaintiff is a temple authority who is the owner of the property. The temple had filed a suit against me and the 1st defendants. The 1st defendants,had sold the superstructure along with lease hold rights to me. During the pendency of the suit the 1st defendants passed away in the year 2011,since then LRs were not impleaded. Suit was also filed in the year 2010. But now the 1st defendants had come up with a application to implead them as LRs. As far as I learned the plaintiff had to implead the legal heirs of the deceased defendants as LRs within in the limitation period. If not impleaded than the suit becomes abated to their part. Whether the 1st defendants can file an application to implead them as LRs. They have filed this application to protract the proceedings and grab money from my client-the 2nd defendants. I'm contesting that the 1st defendants has no right to be impleaded as LRs because the suit becomes abated to their part. Pl help me with some citations in this preposition of law. Thanking you in anticipation.
Anirudh
(Expert) 12 October 2015
The limitation to bring in the any LRs will start only from the time of the knowledge of the death. In fact it is the duty of the defendant concerned to bring it to the notice of the court about the death. If they have filed an application for asking for replacement of the defendant 1 with his/her LRS, it is not bad in law. Taking queue, the plaintiff can simply say the application may be allowed. When the Defendant has himself come forward for impleadment of LRS, there is no necessity that only the plaintiff has to file such an application.
prabhakar singh
(Expert) 12 October 2015
Agree with the opinion expressed by Mr.Anirudh.
However, it is open to you to oppose the application on the ground that LRs. of defendant 1 do not have any vested right in the property in suit which has been transferred to you and as such you are already on the record.LRs.are here not the necessary party, but the court may view them a proper party.
Rajendra K Goyal
(Expert) 12 October 2015
Well advised, agree with the expert prabhakar singh.
