cpc

Plaintiff health is in bad condition

This query is : Resolved 
 

Online (Querist)
04 December 2017

we have filed a suit for injunction for land.
plaintiff is my grandmother.
4 months back interim injunction order was given by court for restraining defendants.
my grandmother health is in bad condition right now.
what should we do now?
if she died, what are the consequences?


Hemant AgarwalOnline (Expert)
04 December 2017

1. IN the event of any eventuality, the residual Legal Heirs, can be brought (replaced) on Court Record, by following due procedure of law AND the court proceedings would continue, as usual.

Keep Smiling .... Hemant Agarwal

MadhuOnline (Expert)
05 December 2017

Please note legal heirs should be brought on record within 90 days of death of person , else there is different procedure and it get delayed lot . So This formality to take legal heir on record should be among priority after 15 days after death . It is simple formality but after 90 days it is big formality to show why you did not took the name on record and giving justification and creating story round the world

Dr J C VashistaOnline (Expert)
05 December 2017

Well advised by experts, I agree.

Dr J C VashistaOnline (Expert)
05 December 2017

When you have already engaged an able, intelligent and competent lawyer, what was the requirement of seeking second opinion except the fact it is available FREE OF COST.
Have faith in your lawyer and proceed as guided.

Dr J C VashistaOnline (Expert)
05 December 2017

The opinion and advise of experts given on this platform is based on the information provided by you, wherein some relevant information has been concealed by you and the same may become dangerous for you, beware.

MadhuOnline (Expert)
05 December 2017

One more imp. thing many adv. wait for Death certificate from Local Govt and then give such application, in my opinion this is not required , You need to move application immedately with supporing affidavit and in application you need to mention that Death certificate we will provide when we get after 15 days or 1 month (As there can be delay) and then take date .

Well everyone have their own opinion but in my opinion never wait and do time pass in such stage as such situation person have to do many work as it is transition phasse in family in all respect including adjustment and lot work to adjust to new life.

There is also one set of opinion that when days are less (completion of 90 days) in that case you should move additional application to take on board application and get the brief on board of judge and with prayer to take necessary application before suit get abated . This is done when suit hearing is not on that day but showing urgency or emergency



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