Pavan 12 April 2022

Civil case if plintiff expires

In civil cases, my father is the plaintiff. The previous year, my father expired and so the advocate filed a petition in September 2021 to get family names in case records but until now still its pending

1] how many days it will take to get family on record and start the case running

2] What are petitions do we need to file

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Quick Summary

If the plaintiff in a civil case has passed away, their legal heirs need to be formally added to the court record. While there's no strict timeframe, this process typically involves filing a petition to substitute the deceased with their heirs. The speed of this procedure can vary significantly depending on the court's caseload and the efficiency of your legal counsel.

3 Replies

G.L.N. Prasad (Retired employee.) 12 April 2022

What is the style/nature of the suit? Were his legal heirs already represented as plaintiffs or defendants? Even in the case o transposing from the proforma defendant as plaintiff (which is considered suo motu by the court is taking more than 2 years. It all depends on the counsel and age of the case. There is no prescribed time frame, and some courts the orders are passed in the next adjournment.