Dead person shown as proforma defendant

surendrababu (Querist) 06 January 2014 This query is : Resolved
In a cause title of a suit the name of a dead person is shown as 4th defendant since he was one of the partners of plaint schedule property.

But no claim or relief against him was sought. Is it maintainable? Please clarify.

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ajay sethi (Expert) 06 January 2014
draw attention of court to fact that 4th defendant has expired .suit abates against 4th defendant .plaintiff will have to bring his legal heirs on record
in any case since no reliefs are claimed against him how are you aggrieved

surendrababu (Querist) 06 January 2014
It is noted in the cause title as "4. Mr. xxx died leaving behind him 5th and 6th defendants as his legal heirs" his legal heirs were already shown as 5th and 6th defendants. the doubt is whether 4th defendants who is a dead person can be shown in cause title as 4th defendant with out claiming any relief against him.

RAJU O.F., (Expert) 06 January 2014
Decree against a dead person is a nullity. In the instant case it is already mentioned that 4th Defendant is dead and his LRs being 5th & 6th Defendants are impleaded. Hence Court will not pass any decree against dead person.

BAALASUBRAMANNYAMM (Expert) 06 January 2014
Agreed with Mr.Raghu O.F. They have correctly mentioned in the "cause title."

Rajendra K Goyal (Expert) 06 January 2014
Well advised by the expert RAJU O.F. ji, agree to it.

surendrababu (Querist) 09 January 2014
I thank all for giving clarification. A senior lawyer's advice is that to struck out the name of the dead person shown improperly as 4th defendant under Or I Rule 10(2) of CPC. Thank you

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