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Deepak   27 August 2023

Procedure to follow when one of defendant is dead

Hi,
when one of the defendants dies when a suit is going on, is it the duty of the defendant Counsel or the plaintiff counsel to inform the court about the same and under which provision.

Thanks


Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     28 August 2023

It is the duty of the plaintiff to inform the court about the death of the defendant.

Then he should file a petition under order 22 rule 4 cpc and an amendment petition to amend the plaint to include the LRs of deceased as well to record the death of the defendant. 

Dr. J C Vashista (Advocate )     28 August 2023

Counsel for plaintiff is required to intimate the court.


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