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.
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.