Ni 138 act
kaya
(Querist) 10 March 2015
This query is : Resolved
138 case, case filed. 2006,complaint expired due to illness in the year 2011. After filling complaint..complainant never appeared court until his life.But his council appearing. In the year 2015 Feb. Their council filling subtution petition instead his father. Lr prepared in the year 2011. After four years can legal heir can substitute to conduct in 138 case. That too father death certificate, lr authorised by her expired person wife and another daughter.in this same lr no sign for subtution daughter , simply they mentioned her name n authorised to conduct the case. No legal heir certificate submitted. More over no proof to verify all of the signed person... How can take defence . any defence pettion to be filled before trail.....
In this regard any judgement is available after 4 year can not file legal heir to conduct 138 case. OR ANY LAW.As per section 138 nI act any limitation to substitute legal heir. After complained party expiry...
P. Venu
(Expert) 11 March 2015
Your advocate should be requested oppose the application to bring the LRs on record.
Parthasarathi Loganathan
(Expert) 22 October 2015
Legal Heirs are entitled to get the name of the complainant substituted as the death of the latter has already been brought on record before the court.
