Cpc
kalpana
(Querist) 11 July 2012
This query is : Resolved
my clients father died long back now a notice has come from the court in the name of my clients father to appear before the court. my client wants to contest the case as the legal heir. court did not permit him but instead asked him to file a petition. under which order of cpc can he make an application and what should he state.should he also request the court to permit him ot engage an advocate to represent him.
Adv.R.P.Chugh
(Expert) 11 July 2012
If your client's father died even before filing the suit against him, then the suit is still born and cannot be resurrected now, if the cause of action is not personal the plaintiff can file it against legal heirs. Substitution of LR's is done when a person dies during the pendency of the suit.
Does your client has an interest in defending a suit than letting it be dismissed ?
ashutosh mishra
(Expert) 11 July 2012
All that your client was required to was that to intimate the court about death of his Father against whom suit was filed.
A suit against a dead person is no suit.
And if your client's father died after the institution of the suit,it was plaintiffs duty to substitute Legal representatives of the deceased defendant(your clients'father).
If plaintiff has not made the substitution with in limitation prescribed,the suit has stood abated ipso facto.
you seem to be very strange in conducting cases.
YOU ARE ADVISED TO READ PROVISIONS CONTAINED IN ORDER XXII rules 1 to 6 OF THE CPC.
R.K Nanda
(Expert) 11 July 2012
Suit filed against dead person is liable to
be dismissed by court and let it be dismissed.
kalpana
(Querist) 11 July 2012
what if the petition is filed under section 30 of the land acquisition act and the original owner has died and i am entitled to compensation and i am not brought on record as legal heir in such a case can the legal heirs implead themselves since they are entitled to the compensation though the petition is filed against a dead person.
R.K Nanda
(Expert) 11 July 2012
In that situation you can file application u/s 151 of CPc with supporting affidavits of all LRS in the court to bring the LRS on record so that the case be proceeded further.
