Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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NITHAYAPRATAB (NIL)     03 December 2021

Specific performance

Civil suit filed for specific performance.  At the time of filing plaint the first defendant was not alive.  Plaintiff filed suit without knowing the death of first defendant.  There are five defendants.  Having come to know about the death of the first defendant court asked to file LRs of first defendant.  Of the rest of the four defendants, D2, D3 and D4 have not filed written statement.  Originally the suit was filed in high court, now transferred to City Civil court since 2019. There are no LRs readily ascertained.  Plaintiff is still searching for LRs. What happens if no LRs are found.  Can the first defendant made ex-parte i.e. can a dead person can be made ex-parte.  If not, what would be the status of the suit.



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 5 Replies

Advocate Bhartesh goyal (advocate)     03 December 2021

Suit filed against dead person is null and void and also can not be proceed ex parte.suit against other defendants may be decreed if they don't file written statement.

Shashi Dhara   03 December 2021

Proceed on other defendants for first defendant abates,if no lrs  are brought on record .

Anaita Vas   03 December 2021

The suit filed against a dead person is of no use and thus it is null and void.

If the plaintiff or a defendant, when ordered to appear in person, do not appear before the court and neither show the sufficient cause for his non-appearance, the court is empowered under Rule 12 of Order IX as follows.

1. If the plaintiff does not appear, dismiss the suit.

2.If the defendant does not appear, pass an ex-parte order.

 

Regards,

Anaita Vas

Sri Vijayan.A (Legal Consultant)     03 December 2021

You can proceed against the other 4 defendents.

NITHAYAPRATAB (NIL)     07 December 2021

I am grateful to all who have responded to my request.  Thanks.  Best wishes.


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