deceased plaintiff
Querist :
Anonymous
(Querist) 29 March 2010
This query is : Resolved
There are five plaintiffs in a suit. One of the plaintiffs has deceased. He has no heirs who are not already on record in the suit.
Is it necessary to delete his name from the record? If decree is passed in the suit after he is dead, but whilst he is still on record, what is the status of the decree?
Adv Archana Deshmukh
(Expert) 29 March 2010
The fact of his death should be brought on record. If all his heirs are already on record then there is no problem. The decree is still executable by his LRs.
Raj Kumar Makkad
(Expert) 29 March 2010
No legal heir of deceased plaintiff is on the file in your case and the case gets decreed. In this situation also decree is valid qua remaining 4 plaintiffs and they can very well get this executed if specific relief qua deceased plaintiff no. 5 provides a joint share with all other plaintiffs.
Parveen Kr. Aggarwal
(Expert) 30 March 2010
The factum of death of any of the parties to a suit must be brought on the record. In case, there is no legal representative then you can have recourse to the provision contained in Order 22, Rule 4-A of the Code of Civil Procedure, 1908.
Order 22, Rule 4-A:
"4A. Procedure where there is no legal representative:- (1) If, in any suit, it shall appear to the Court that any party who has died during the pendency of the suit has no legal representative, the Court may, on the application of any party to the suit, proceed in the absence of a person representing the estate of the deceased person, or may by order appoint the Administrator-General, or an officer of the Court or such other person as it thinks fit to represent the estate of the deceased person for the purpose of the suit; and any judgment or order subsequently given or made in the suit shall bind the estate of the deceased person to the same extent as he would have been bound if a personal representative of the deceased person had been a party to the suit.
(2) Before making an order under this rule, the Court-
(a) may require notice of the application for the order to be given to such (if any) of the persons having an interest in the estate of the deceased person as it thinks fit; and
(b) shall ascertain that the person proposed to be appointed to represent the estate of the deceased person is willing to be so appointed and has no interest adverse to that of the deceased person."
