filing of suit against dead person

SENTHILKUMAR.S (Querist) 26 July 2010 This query is : Resolved
dear advocates,
3 persons who are the legal heirs (proposed defendants)of one Mr.X. are sought to be impleaded in a suit. Said Mr X died prior to two years to the institution of the suit. I am entrusted with the vakalath of the said legal heirs. There is evidence to the effect that the plaintiff instituted the suit knowing that Mr X was dead.Is there any legal bar to proceed with a suit which was filed against a dead person? is there any legal bar to implead the L.Rs at this stage? Some rulings say they can be impleaded. Any contra rulings by H.C or S.C? please inform.

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s.subramanian (Expert) 26 July 2010
suit filed against a dead person is void and non est.therefore you cannot implead the lrs in such an invalid suit.

Madhav Dongre (Expert) 28 July 2010
I agree. Suit against a dead person is nullity.

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