order xxii
arun bansal
(Querist) 27 July 2011
This query is : Resolved
if sole defendant of suit for recovery of possession on the basis of illegal treaspasser died soon after the DE. To whom the duty rest to bring the LR of defendant before the court. If the LR will not bought on record of court whether the suit become rejcted by court? Also what are the role and duty of defendant's counsel if he failed to bring LR of defendnat on record of court on time.
N. AKSHAY BERI
(Expert) 27 July 2011
THE DUTY LIES ON THE PLAINTIFF TO BRING THE LEGAL HEIRS OF THE DEFENDANT ON RECORD. YES IN CASE LEGAL HEIRS ARE NOT BROUGHT ON RECORD THE COURT CANNOT PASS ANY ORDER AGAISNT AR IN FAVOUR OF DED=CEASE PERSON AND THE SUIT WILL BE DISMISSED.