J. Raj george (Executive) 06 December 2019

Death of defendant

My mother have succeeded in both the Court below. Appeal filled by plaintiff. Now my mother expired.What will happen if within 90 days of my mother death, not informed to Court by my mother'lawer.

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10 Replies

P RaviShankar-cell-8939332195 (Advocate ) 06 December 2019

Your lawyer can file a memo in the court in the next hearing of your case so that your opponent can take steps to implead your mother's legal heirs

Shashi Dhara 07 December 2019

Till wait until appellants side arguments closed then afterwards inform the death of respondent .

G.L.N. Prasad (Retired employee.) 07 December 2019

It is the responsibility of the plaintiff (petitioner in HC) to implead legal heirs.

J. Raj george (Executive) 07 December 2019

Sir If the defendant lawyer do not inform the court with in 90 days ,then the case will be decided exparte in favour of appellant .after 90 days the legal hers can not be defendant in This case. Some lawers say like this. Whether It is so. If we did not inform the court with in 90 days then the plaintiff appellant need not file LR petition. Whether it is true. Please guide me.

Dr J C Vashista (Advocate) 08 December 2019

It is ridiculous and absurd to repeat same story time and again.

It is advisable to consult another local prudent lawyer for proper analyses, professional advise and guidance, if you have lost faith in your lawyer engaged /paid by you.

Shashi Dhara 08 December 2019

Court cannot pronounce judgement against death person so I advice you after the appellants side argument is over then inform the death of your mother.

J. Raj george (Executive) 11 December 2019

I asked consequences of not informing the court. That is yet to be answered.

Shashi Dhara 11 December 2019

Not informed by both sides court will prononce judgement which may affect you in future if appeAl is allowed.

J. Raj george (Executive) 13 December 2019

Thank you sir. But I heard that recently amended to the effect that appellant advocate shall inform the court within 90 days.or it will be abated.judgement will be decided exparte.