Lr application

Mohamed Ali (Querist) 16 December 2014 This query is : Resolved
We had filed a partition suit in trial court, which my grandmother was 2nd plaintiff, the suit was dismissed 2 months back, as my grandmother was very ill (bedridden), she died on 1/12/2014,
now we are preferring a Regular appeal in district court after her death,

Question: Under which section we have to implead her legal heirs in appelllate court while filing the appeal, Is it under Order 1 rule 10 (2) or Order 22 rule 3 of CPC.

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Dayananda Gowda (Expert) 16 December 2014
There is no necessity to file LRs application if the appeal not filed yet. Srtight away show the name of LRS in cause title of appeal memo....if the appeal already file before the court then file application under order 22 rule 4

Dr J C Vashista (Expert) 17 December 2014
I agree with expert Mr. Dayananda Gowda, no need to file the name of LRs of deceased separately, move the appeal in the name of deceased through her LRs.

T. Kalaiselvan, Advocate (Expert) 23 December 2014
Who is preferring the appeal, the first plaintiff or combined with the LRs of 2nd plaintiff ? Since the first plaintiff is alive, the LRs of 2nd plaintiff can join the 1st, take the help of your lawyer who will take care of the situation, just do not be bothered about the provisions of law involved in it.

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