Guest (n/a) 02 July 2009
In a suit for declaration and permanent injunction, during pendency of suit one of the plaintiff dies and one of the legal heirs had already been brought on record but the other legal heirs were not made party within the stipulated time. Is the suit abetted?
Adv. Deepak (Advocate) 02 July 2009
Dear Masud Mallik, The other legal representatives can prefer third party application praying the hon'ble court to include them as plaintiff in the said suit. In that application they can give reasons why they were not brought on record as legal heirs within stipulated time period.
Amit Gupta (Advocate) 04 July 2009
if the LRs r not made party within 90 days the suits abates automatcaly, even without reference of court. but the court take very libral view and u can make thm party evn after tht.
Khaleel Ahmed (Legal Advisor) 05 July 2009
The remaining legal heirs can be impleaded after filing petition before the court.In your case one of the legal heir has been brought on record.Order I rule 8 applies to other legal heirs.
Swami Sadashiva Brahmendra Sar (Nil) 06 July 2009
Yes the suit is abated so far as the deseased plaintiff is concerned.
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