Execution proceedings
R.Ramajayam
(Querist) 27 August 2009
This query is : Resolved
In Execution petition the D.H died, after lapes of five months the petitioner has filed petition to impled the legal hairs of the D.H. Whether there is any abatment in the Execution proceedings?
Bhumik Dave
(Expert) 28 August 2009
As per limitation act 90 days either from DH died or when u know this fact is time limit than after u can file application with delay condone with reasonable justification.
vinjamuri ranga babu
(Expert) 29 August 2009
hi,
your question not clear, when the dhr died and if with in 90days from the date of death, no aabetment arises, after that upto 60days, abetment petition can be filed, after that still there is a delay in filing lr application you can file an application u/s5 of the limitation act for condonation of delay.
vr
R.Ramajayam
(Querist) 01 September 2009
Thanks Mr.Shyam Ji Sruvastava.
R.Ramajayam
(Querist) 01 September 2009
Dear Sir,
In a Partition suit the daughter in law filed suit for partition of the properties for his minor son. The plaintiff filed a suit against Father in law, husband one another son. In the plaintiff has failed to serve summons to one of the son. Suit dismissed against him. The plaintiff has not taken any steps against him. Now the suit has tried and posted for argument Is it necessary that all the legal hair must be party to the suit Whether the suit is liable to dimiss for non joinder of necessary party. Give some authority
R.Ramajayam
(Querist) 01 September 2009
Sir,
One person has adopted a male child. He was working in the Govt service. He has no other issues. Now he is no more. Now the adopted son is claiming benifits of his father. Now the officials are seeking court order for legal hair of the decessed. Ple kindly how to file the petition send any model forms.
