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Advocate Garvit Vinayak (Advocate)     15 May 2012

Maintainability of order 22 rule 4 in suit for permanent inj

In a suit for permanent injunction , if one of the defendant dies, does right to sue or contest in place of the defendant by his L.R's survive ....?

wherein suit is for restraining defendant from creating 3rd party interest ...!!!


 2 Replies

MohammedRaffiq Bijapur (Advocate)     15 May 2012

Yes brother,

Right to sue or contest in place of the defendant by his L.R's survive, because they step in the shoes of their predecessor and have right as they were having.  

1 Like

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     17 May 2012

Dear brother,

Rule - 4 provides that where one of two   or  more defendents dies and the right to sue does not survive against the surviving defendant or defendants alone,  or a sole defendant or sole surviving defendant dies and the right to sue survives, the Court, on an application made in that behalf, shall cause the legal representative of the deceased defendant to be made a party and shall proceed with the suit. 

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