Lr`s
shyam lal sharma
(Querist) 26 May 2012
This query is : Resolved
I Have filed a civil suit against X and he died and is it my responsibilty to give the defendants LR`s name and address...
and please advise me further
R.K Nanda
(Expert) 26 May 2012
Yes, file application in court to bring the
LRS of defendant on record of court file
so that ur case is proceeded further.
R.K Nanda
(Expert) 26 May 2012
Yes, file application in court to bring the
LRS of defendant on record of court file
so that ur case is proceeded further.
shyam lal sharma
(Querist) 26 May 2012
Thanks a lot Mr R K Nanda.
I don`t have any link to the LR~s od deceased and max i can collect their name and resident of the which town, but not exact address like door No, Cross, area like...the LR`s of decaesed left the so many years ago
Adv.R.P.Chugh
(Expert) 26 May 2012
Dear Mr.Sharma,
It depends on the kind of suit - if it is an entirely personal cause of action that you sued upon (actio personalis cum moritur persona) then 'right to sue does not survive' and LRs can't be brought on record, the action dies with the person. (examples of such cases would be cases of defamation (damage to reputation)/divorce/personal wrongs etc.
In case of breach of contract or other cases where right to sue does survive, then you have to bring on record the LRs within 90 days of death or knowledge of death the suit automatically abates, however this abatement can be set aside within 60 days after that.
You would have to hunt them up and if necessary take services of a detective agency.
Nadeem Qureshi
(Expert) 26 May 2012
Dear Mr. Shyamlal Sharma
you should filed an application before the court under order XXII rule 10A and ask the LR from opposite party lawyer.
1[10A. Duty of pleader to communicate to Court death of a party.
Wherever a pleader appearing for a party to the suit comes to know of the death of that party, he shall inform the Court about it, and the Court shall there upon give notice of such death to the other party, and, for this purpose, the contract between the pleader and the deceased party shall be deemed to subsist.]
it is the duty of their pleader to inform to the court that his party has been died and you can ask him/her about LR if any.
Feel free to Call
Adv.R.P.Chugh
(Expert) 26 May 2012
The Pleader is under an obligation to inform as regards the factum of death (which we already know) but cannot be made to disclose contact details of LRs. If he does so gratituously then that's a different matter.
J K Agrawal
(Expert) 27 May 2012
Dear Mr Nadeem
I think the Counsel is bound to inform to the Court about the fact of death of the party but there is no provision in law to get an information about the LR's.
It should be a like provision in the law just like in case of disclose the of partners of a firm.
Shonee Kapoor
(Expert) 29 May 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
