Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

kalaimani k   07 January 2020

O/S dismissed

what is meant by steps to defendent several opportunity given no steps taken to addition LR &39S of defendant this suit is dismissed for default.

This case was filled from my father's sister and my father is passed away and we produced death certificate and legal hire certificate to court already.

we asked Advocate about steps to defendant he replied who filled case they need to file the step. no action required from our end like that kindly advise me

Regarding

kalaimani


Learning

 4 Replies

Real Soul.... (LEGAL)     08 January 2020

The suit is dismissed for default that means the plaintiff (who filed the suit) failed to bring LRs on reacord and the death certificate submitted by you in the court has made the case to be dismissed as court cannot proceed against a dead person. Many oppurtunities appears to have been provided to plaintiff to bring Legal heirs on record by way of an application which they seem to have failed and case is dismissed. 

Shashi Dhara   08 January 2020

The suit is not dismissed it is only abated so filing condonation of delay application with sufficient cause you will be allowed to bring lrs on record and to continue suit proceedings.

Dr J C Vashista (Advocate)     09 January 2020

Incomplete and vague information cannot lead to form an opinion and oblige.

What is the opinion and advise of the lawyer engaged /paid by you, who is well aware about facts and circumstances of the case, an able, competent and intelligent enough  to advise  and proceed???

T. Kalaiselvan, Advocate (Advocate)     16 January 2020

It is the duty of the plaintiff to take steps to immplead the legal representatives of the deceased defendant.

The court has dismissed the case for default as the plaintiff failed to initiate steps to bring the LRs of the deceased defendant on court records seeking the desired reliefs.

Since you have not approached court for any relief then you do not have to be worried about the dismissal of suit.

If at all the plaintiff is really having any grievance let she fight it out by filing the restoration petition as per law.

You may remain silent over the issue for now.

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register