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RohitChhaba (n/a)     24 July 2013

Specific performance of contract

In a suit for specific performance of contract (Agreement to sale) defendant died. There were 5 Legal representative of Defendant A,B,C,D,E. Plaintiff applied to substitute 4 Legal Representative i.e. A,B,C,D and E was left as she was a girl and living separately in other town. Suit decreed if favour of plaintiff and execution is pending. E came to know about such execution now. What legal steps she can take as she was not made party to suit and execution deliberately by plaintiff. A,B,C,D never objected in suit that E was not made party as they are against E.  


 1 Replies

shambhu pandey (assistant)     24 July 2013

Because decree once passed it is irrevocable, however she can file misc case u/o IX rule 13 cpc or petition u/o 47cpc read with section 152 cpc for setting aside the decree passed exparte against her..Because it is the duty of plaintiff u/o22 rule 4 cpc to substitute the legal heirs of deceased defendant in original suit..

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