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shreya (lawyer)     22 August 2008

status of civil case after death of defendant

hi all,

 

pls tell will the case get dismissed after death of the defendant, what will be the procedure to get it dismissed



Learning

 23 Replies

GOPI KRISHNA (ADVOCATE)     22 August 2008

suit abates after the death of defandants and you have make an application of bringing the LR's of defandants to continue with the case,

Srinivas.B.S.S.T ( Advocate)     22 August 2008

if it is necessary to proceed i mean in
cases such as partition and recovery of amounts you have to file a
petition under order 22 to bring the LRs of the deceased on record.
Remember you have to file the petition within 90 days from the date of
knowledge of death of the Defendant lest you have to file a petition to
setaside abatement under or 22 rule 9.

Aftabkhan Pathan (Lawyer)     22 August 2008

The suit will be infracutious against the dead person. Thefore an application to bring the legal heirs of deceased to be made by the plaintiff U/O XXII of Code of Civil Procedure, if they not appear before the Court evenafter service of summons, then the suit will be decreed infavor of plaintiff.

Aftabkhan Pathan (Lawyer)     22 August 2008

The suit will be infracutious against the dead person. Thefore an application to bring the legal heirs of deceased to be made by the plaintiff U/O XXII of Code of Civil Procedure, if they not appear before the Court evenafter service of summons, then the suit will be decreed infavor of plaintiff.

kashi nath shukla (advocate, )     22 August 2008

order 22rule4  of civil procedure code provides procedure in case of death of one of several defendants or of sole defendent .   you may go through the provision., I think you will get the right answer.

Rakesh Kumar Singh (Advocate)     23 August 2008

not because plaintif filed a substitution petition before the concerned court to take permission to add the legal representatives a party under rule 22 of the cpc

Guest (n/a)     25 August 2008

thanks all,


I want to get the case dismissed as i am from defendant side............... its a recovery suit of nominal amount and framed fraudently.....................what should we do.......... how defefendant LR can be made responsible in recovery suit pls explain

Kiran Kumar (Lawyer)     25 August 2008

m unable to understand why these guests r fighting in the instant query.


on query side Order 22 of CPC is available for help to implead the LRs of the defendant.


its my advice dont be offensive aganist each other in the forum, if u people have courage then pls come up with ur pics and complete profile on the portal.  dont create nuisance by posting unprofessional posts.

mahesh (Advocate)     25 August 2008

hai


 


if it is a injunction suit then if the defendant dies the suit is liable to be dismissed and there are many decisions on the said point.


 


the law stands that the injunctive relief being a personal releif the cause of action shall not survive if the defendant dies. the legal heirs cannot be brought on record and even there can no impleading of any party to the suit.

Rajan Salvi (Lawyer)     25 August 2008

I completely agree with Mr Kiran Kumar. As in 482 Cr. P.C. - abuse of the proces of law, similiarly it would amount to abuse of the process of technology to use this forum to fight amongst ourselves. I am a new member and I feel that lets not spoil a good thing. It is so helpful. Lets not be flippant and irresponsible.

Guest (n/a)     28 August 2008

Hello,


 


First of all get clear to what are you
seeking reply for. Firstly make your question clear that what type of
case it is as suggestions will vary from type of the case.

Pankaj Rai (Lawyer)     07 September 2008

Anapplication along with affidavit may be filed by plaintiff under or.22 of c.p.c. to bring the L.R. of the deceased on suit . An appliaction along with affidavit or petition must be filed within 90 days  from the date of knowledge of the death of the defendent  to setaside abetment abatement under or.22r.9 by plaintiff.

Shree. ( Advocate.)     07 September 2008

Criminal Case stands abated on the death of person/accused involved. However, death will not absolve any person from civil liability. In the event of death, legal representatives of deceased are to be brought on record. 90 days is the period of limitation for the same.Detailed procedure laid down in order XXII of Civil procedure code is to be followed

prof s c pratihar ( urologist &legal studies)     07 September 2008

law does not permit me to practicelaw ,all know from my profile.i am enjoying forum since i can contribute something.THE FIRST ADHAYA OF UPINISHAD WRITTEN BY MAHARISHI VEDAVYAS--( TAT_ NASTANG=TANNASTANG JA NA DIYATE)that means- that all lost which is not dedicated.one should encourage  and never to discourage  the forum -the place for intereactions of intellectuals.    A HORSE SHOE NAIL WAS LOST_THE SOLDIER  COULD NOT REACH THE DESTINATION WITH A VITAL SECRET NEWS--THE COUNTRY WAS INVADED BY ENEMIES--all happened due to loss of a horse shoe nail.KINDLY DO NOT REPEAT SUCH HISTORY.  drscpratihar


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