Legalheir application returned- 80 cpc
Advocate.S.A.Siddiq
(Querist) 25 August 2011
This query is : Resolved
Sir
One of the legal heir applied for the legal heir certificate to the thasildar . Thasildar forward apl to VAO , VAO endrossed come with all legalheir or not recommanded the apl. between legalheir's no co-operation .
in this position , declaration of legalheir suit filed before munsif by one legalheir, all other defandant(legalheirs) filed staement no bojection to granding decree. but thasildar filed objection statement.
No Refusal memo filed- No Notice u/s 80 CPC sent before filing suit .80 notice served after filing suit- W/s filed by thasildar after 5 months
What can I do ?
prabhakar singh
(Expert) 04 September 2011
suit is bad in law with draw with permission to file a fresh suit the file after service of 80 cpc notice.
Advocate.S.A.Siddiq
(Querist) 06 September 2011
After argument a decree passed as prayed in plaint. mainly , thereis no response from Govt.authority u/s 80 cpc notice past 7 months. so allowed.