Death of defendant

Querist : Anonymous (Querist) 26 December 2011 This query is : Resolved
A defendant of a case died. Plaintiff know that he has his wife, a son and two daughters as his legal hairs. Plaintiff has addresses of his wife and son but he don't know addresses of daughters. In this case what should be done by plaintiff. Can he ask other hairs to give their addresses? How the service of summons should be made.

Follow Query

Report Abuse

Devajyoti Barman (Expert) 26 December 2011
The palintff can file petition asking for direction upon the advocate of the deceased defendants to furnish the addresses of the said person. It is his duty to furnish all the details of his legal heirs.
You need not toil hard to search their addresses.

ajay sethi (Expert) 26 December 2011
yes write to the advocate of defendant to furnish address of the legal heirs

V R SHROFF (Expert) 26 December 2011
And despite that if you cant; get, send it to the last known address, pr the address of the deceased defendant, with prayer to court to allow you to amend addresses whenever you come to know later. [ Otherwise Mr. Barman already suggested to ask officially to his advocate.]

Advocate Bhartesh goyal (Expert) 27 December 2011
agreed with experts.

prabhakar singh (Expert) 27 December 2011
YES!MR.V R SHROFF IS RIGHT.

TAKE YOUR FIRST STEP ON LAST KNOWN ADDRESS.WHEN HIS WIFE AND SONS GET SERVED AND TAKE ANY OBJECTION TO THEIR D/SISTER'S
SERVICE THEN THEY SHALL THEMSELVES TELL THE ADDRESS.

IF YOU WILL CALL HIS COUNSEL TO TELL HE SHALL STATE HIS CLIENT IS NO MORE AND HE IS NOT IN TOUCH OF HIS HEIRS.

Shailesh Kr. Shah (Expert) 27 December 2011
Agree on common opinions of all ld. experts.

Deepak Nair (Expert) 27 December 2011
Agree with Mr. Shroff.
You can serve the summons to the last known address or the address of the deceased defendant itself. This will be considered as a valid service by the court.

Querist : Anonymous (Querist) 27 December 2011
Please tell the provision which bound the advocate of deceased to tell all details about his legal hairs.

Advocate Bhartesh goyal (Expert) 27 December 2011
Order 22 rule 10A of Civil Procedure Code.

Devajyoti Barman (Expert) 27 December 2011
If the advocate of the other does not respond then you need to so nothing as the suit against that party would abate.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now