R.Ranganathan (Advocate) 24 August 2010
In a suit for declaration and Bare Injunction filed by the Plaintiff. Plaintiff dies. Can the Legal heirs continue the suit though the suit is of a personal nature. Declaration suit is to declare that the document purported to have been executed by the Plaintiff is false and a forged one. Now that the Plaintiff is dead, whether this suit will survive on the death of the Plaintiff.
Raghav Sood (Lawyer) 24 August 2010
yes the right to sue survives as they are the intermiddlers of the estate of plaintiff after his death and the plaintiff is seeking declaration with conseqential relief of injunction it is not only bare injunction suit
R.Ranganathan (Advocate) 25 August 2010
Mr. Raghav Sood. Sorry, I think you have misunderstood the issue under question. Here the Plaintiff is not owner of any property. He had give loan against property under mortgage deed. Subsequently a Receipt deed was executed cancelling the mortgage. Another person has given loan against the said property i.e. mortgage loan. Now after the default of the second loan given by a third person, property was brought for auction to recover the dues. The same was sold and the Purchaser was handed over the property. Now at this stage the Plaintiff has filed a suit that the Receipt Deed executed by him is a forged one and also asking for Injunction. During the pendency of the case the Plaintiff died. The Legal heirs want to continue the suit.
Member Strength 9,46,719 and growing..
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
