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Guest (Querist) 31 July 2013 This query is : Resolved
A case for declaration of property in his favour was filed by the Plaintiff. While the case is pending, Defendant dies. There are no legal heirs of the Defendant. What are the options for the court to grant declaration in favour of the Plaintiff.

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Dr J C Vashista (Expert) 31 July 2013
What is the stage of the suit? Whether the decesead had filed written statement or not? Please move an application u/o XXII CPC to the court intimating death of defendant.
It is not possible that the defendant has no legal representative, please find out someone may be class 1, 2 or 3 in the succession.

Guest (Querist) 31 July 2013
No, the deceased did not file written statement.

prabhakar singh (Expert) 31 July 2013
1[4A. Procedure where there is no legal representative

(1) If, in any suit, it shall appear to the Court that any party who has died during the pendency of the suit has no legal representative, the Court may, on the application of any party to the suit, proceed in the absence of a person representing the estate of the deceased person, or may by order appoint the Administrator-General, or an officer of the Court or such other person as it thinks fit to represent the estate of the deceased person for the purpose of the suit; and any judgment or order subsequently given or made in the suit shall bind the estate of the deceased person to the same extent as he would have been bound if a personal representative of the deceased person had been a party to the suit.

(2) Before making an order under this rule, the Court-

(a) may require notice of the application for the order to be given to such (if any) of the persons having an interest in the estate of the deceased person as it thinks fit; and

(b) shall ascertain that the person proposed to be appointed to represent the estate of the deceased person is willing to be so appointed and has no interest adverse to that of the deceased person.]

1. Ins. by Act No. 104 of 1976, sec. 72 (w.e.f. 1-2-1977).

prabhakar singh (Expert) 31 July 2013
Court has discretionary power to exempt from substitution of a party who did not file W.S. but court may decline in this cae as there is sole defendant.