status of civil case after death of defendant


According to order22 rule 4 (3 )CPC if no application is made the suit shall abate as against the deceased defendant .(when sole defendant dies)  I don't understand the onus of the deceased defedant'' s Lr substitution   falling upon  plaintiff. why should plaintiff file application to install Lr for dead defendant ? 

K.K.Sharma

Lawyer

 
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Advocate

Hello,

If the suit filed is for bare injunction then the suit automatically gets abated for reasons that cause of action for such suits does not survive as the relief prayed is against a particular person.

If the suit is for declaration as well then order 22 comes in to picture and the the L.R's of deceased defendant have to be added necessarily impleaded for just adjudication since the cause of action for the suit survives.

In criminal cases the case gets abated once the accused dies.

L. Vinoba,

Advocate,

Pondicherry.

 
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suit of specific performance filed by plaintiff and injuction is granted.the plaintiff brought three legal heirs on record of defendent but one legal heir is not brought on record since 1992 can suit gets abated ?

 
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When one of the defendant died in OS. we dont know their LR and their adddres what will be the next steps ?

 
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