Civil Procedure Code (CPC)

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Vikas (none)     19 October 2012

Death of plaintiff in a civil case

Hello. The plaintiff, who filed a civil suit against his neighbor is dead. The motive of the suit is to stop the plaintiff's neighbor from constructing/raising the height of his compund wall which would deprive the plaintiff's house of light and air. After the death of the plaintiff, his house is now settled to Mr. AAAAA, third son of the plaintiff. For the suit to proceed is it sufficient if Mr. AAAAA alone signs the legal document (I dont remember what that document is called) which makes him eligible to represent  the estate (plaintiff's house) and fight the suit in court or is it necessary that all the sons and daughters of the plaintiff sign a legal document  to represent the plaintiff for this suit to proceed in court?

Thanks for your guidance. 



 3 Replies

Goutam Prasad (Advocate)     19 October 2012

Legally after death of plaintiff, his L.R. needs to brought on record. If other persons, provides NOC, it is not necessary that all sons / daughter needs to present every time.

Alternatively, all may get their name as plaintiff and thereafter file application for discharge stating their non-interest in property.


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Advocate Bhartesh goyal (advocate)     19 October 2012

If plaintiff dies during pendency of suit ,his legal heirs may continue the suit and become  party to the suit .Any one of his legal heir can depose the evidence.

Nitish Banka (lawyer)     19 October 2012

 

In civil suits the abetment rule is simple if any Right to Sue is there then there is no abatement then legal representative on application to the court is made(within limitation period) party to the suit. else the suit abates in favour of opposite deceased party.
 
ORDER XXII. DEATH, MARRIAGE AND INSOLVENCY OR PARTIES is applicable.

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