Wht should I do to get declaration of Civil Death from district court?

Adv Neha Mehta (Querist) 08 May 2011 This query is : Resolved
Hello Friends,

Can any one please answer me whats the procedure to get declaration of Civil Death from civil Court? under which section or under which provision I have to move an application or suit to get Civil Death declaration?

Thank you

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PALNITKAR V.V. (Expert) 08 May 2011
You have to file a civil suit to get declaration of death of a person. you will be eligible to get it if the persons like near relatives do not hear of such a person for 7 years and more.

Guest (Expert) 08 May 2011
i agree with the expert

M V Gupta (Expert) 09 May 2011
The other situation is, when a person is declared Insolvent he is deemed to be civilly dead. His creditors cannot run after him after declaration of his insolvency. The querist has not indicated whether he refers to a person missing for the last more than 7 years or the person's inability to discharge his debts. For being declared insolvent he should file IP in the civil court.

Adv Neha Mehta (Querist) 09 May 2011
Thank you.

I want to file suit for missing person.

Is there any particular format for such suit? or just brief story n prayer clause as general suit is enough?

M V Gupta (Expert) 10 May 2011
The Plaint should be in the format prescribed in the CPC.

Parveen Kr. Aggarwal (Expert) 10 May 2011
The court can make such a declaration in terms of provision contained in section 108 of the Indian Evidence Act, 1872 in a civil suit filed for declaration.

mathivanan (Expert) 11 May 2011
A general civil suit/plaint as prescribed by C.P.C. under Order VII Rules 1 to 6 is sufficient. Prayer should seek 'declaring so and so person as civilly dead ' along with other usual prayers.Still you require any format contact me with full details and you can have a plaint drafted in complete form.

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