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V.V.RAMDAS (Advocate)     02 August 2009

is it permissible in law to subsitute the L/R in violation o

Dear friends,

In a case  Plaintiff has got Tempoorary injuction under O 39 R1&2 cpc against the defendant. But when the injunction was in force , he has violated the same and for which the plaintiff filed a violation petition under O39 R2A before concerned court and during pendencey of the said petition Defendant died. so whether the substitution of Legal Reprasentatives  of defendant  is permessible under law ? Whether the Legal reprasentativs of the deceased defendants are entitled for punishment for such violation of injuction by the defendant ?. please try to answer with citations.



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 1 Replies

Y V Vishweshwar Rao (Advocate )     05 August 2009

if the Legal Hiers were  asssited the Defendantg  in voilating the Injunction order they are also liable for  if it -If , it  is pleaded and they are made parties to the Petition U/O39 Rule 2-A , if they have not interefered and not voilated the Injunction they are not liable - The Lrs are treated as agents of the Deceased- Defendant for all purposes and if they still try to interfere with the possesion of  the plaintiff they are also liable  to be  impleaded as Defendnats and Decree can be obtained - if they  Continue the Cause of action of the Plaintiff in the suit  which was against  the Defendant ! 

 


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