status of civil case after death of defendant

Lawyer

I completely agree with Mr Kiran Kumar. As in 482 Cr. P.C. - abuse of the proces of law, similiarly it would amount to abuse of the process of technology to use this forum to fight amongst ourselves. I am a new member and I feel that lets not spoil a good thing. It is so helpful. Lets not be flippant and irresponsible.

 
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n/a

Hello,


 


First of all get clear to what are you
seeking reply for. Firstly make your question clear that what type of
case it is as suggestions will vary from type of the case.

 
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Lawyer

Anapplication along with affidavit may be filed by plaintiff under or.22 of c.p.c. to bring the L.R. of the deceased on suit . An appliaction along with affidavit or petition must be filed within 90 days  from the date of knowledge of the death of the defendent  to setaside abetment abatement under or.22r.9 by plaintiff.

 
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Advocate.

Criminal Case stands abated on the death of person/accused involved. However, death will not absolve any person from civil liability. In the event of death, legal representatives of deceased are to be brought on record. 90 days is the period of limitation for the same.Detailed procedure laid down in order XXII of Civil procedure code is to be followed

 
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urologist &legal studies

law does not permit me to practicelaw ,all know from my profile.i am enjoying forum since i can contribute something.THE FIRST ADHAYA OF UPINISHAD WRITTEN BY MAHARISHI VEDAVYAS--( TAT_ NASTANG=TANNASTANG JA NA DIYATE)that means- that all lost which is not dedicated.one should encourage  and never to discourage  the forum -the place for intereactions of intellectuals.    A HORSE SHOE NAIL WAS LOST_THE SOLDIER  COULD NOT REACH THE DESTINATION WITH A VITAL SECRET NEWS--THE COUNTRY WAS INVADED BY ENEMIES--all happened due to loss of a horse shoe nail.KINDLY DO NOT REPEAT SUCH HISTORY.  drscpratihar

 
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if a defendant is dead then it is the duty of the plaintiff to bring the legal heir's of the deceased defendant. if there are no legal heir's of the defendant than the suit will be abbated.

 
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Sir i as an advocate encountered three most puzzling circumstance relating to insanity please let me know relevant provision of law?


(a) In a suit for specific performance of a sale agreement executed by Denfendant No.1, the D-2 who is the son of D-1 pleads that excutant of the agreement D-1 was an insane person, the lower court directs the D-2 to get suit guradian appointed is it proper?.


(b) In HMOP case on grounds of insanity of the spouse, is it proper for the subordinate court to appoint a guradian for the spouse in view of the exclusive jurisidiction of the District Court under the mental health Act?.


(c) In an suit filed by person in possession against lawful owner for a relief of not to evict otherwise that due process of law the defendant become insane pending the suit, injunction order wourd be futile against him in contempt proceeding?


 
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confidential

mr.jayavel. the answer is simple


a) the court cannot directly appoint a guardian presuming that the person is insane straightaway,coz it goes into the root of the matter. once the executant is declared as insane the deed executed by him is hit. so the rt procedure would be to conduct an inquiry in the gaurdian petition before finding him as insane.


b)the guardian is appointed only in the proceeding and not permanently under the G and W Act, hence the Subordinate court is perfectly correct in doing so.


c)no. not necessarily. u can implead the L Rs under Or22R8 CPC.and conduct the trial.

 
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Lawyer

i have replied earlier on 9-7-08. Order 22 of C.P.C. should be followed by the plaintiff.

 
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Lawyer

order 22 of cpc should be follow by plaintiff.

 
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