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Mariam Taweel (not applicable)     05 September 2024

Plaintiff expired in civil case related to property

Dear respected members, 

I have been involved in a Civil case for a property that has been ongoing since 2022. The court has not considered our defence and every time a new date is given or adjournemtn is granted to the plaintiff's solicitor. 

The court has issued a summon for me as defendant to appear, despite me being present, however when the plaintiff were not there, no such action was taken. 

The plaintiff's are expired since 1 year, and our lawyer has submitted a declaration, but this has not been considered by the court. Instead we as the defendant have been told to bring the death certificate. 

We are aware that the death has not even been registered, therefore there is no death certificate. 

Could you please help guide me on how long a case can be kept at a district and session court?

If I feel like we are being played with due to the connections of the plaintiff as a form of harassment, what options do I have?

Thank you so much in advance.



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     05 September 2024

It is the duty of the counsel for plaintiff to report the death of plaintiff and file a petition to bring the LRs on record to continue the conduct of the case.

As a defendant you don't have any role to play in this.

You can inform your advocate to represent you properly in the court.


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