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status of civil case after death of defendant

Page no : 2

kasina kiran kumar (advocate)     12 September 2008

if a defendant is dead then it is the duty of the plaintiff to bring the legal heir's of the deceased defendant. if there are no legal heir's of the defendant than the suit will be abbated.

jayaveladvocate (Lawyer)     12 September 2008

Sir i as an advocate encountered three most puzzling circumstance relating to insanity please let me know relevant provision of law?

(a) In a suit for specific performance of a sale agreement executed by Denfendant No.1, the D-2 who is the son of D-1 pleads that excutant of the agreement D-1 was an insane person, the lower court directs the D-2 to get suit guradian appointed is it proper?.

(b) In HMOP case on grounds of insanity of the spouse, is it proper for the subordinate court to appoint a guradian for the spouse in view of the exclusive jurisidiction of the District Court under the mental health Act?.

(c) In an suit filed by person in possession against lawful owner for a relief of not to evict otherwise that due process of law the defendant become insane pending the suit, injunction order wourd be futile against him in contempt proceeding?

anonymus (confidential)     12 September 2008

mr.jayavel. the answer is simple

a) the court cannot directly appoint a guardian presuming that the person is insane straightaway,coz it goes into the root of the matter. once the executant is declared as insane the deed executed by him is hit. so the rt procedure would be to conduct an inquiry in the gaurdian petition before finding him as insane.

b)the guardian is appointed only in the proceeding and not permanently under the G and W Act, hence the Subordinate court is perfectly correct in doing so.

c)no. not necessarily. u can implead the L Rs under Or22R8 CPC.and conduct the trial.

Pankaj Rai (Lawyer)     14 September 2008

i have replied earlier on 9-7-08. Order 22 of C.P.C. should be followed by the plaintiff.

Pankaj Rai (Lawyer)     14 September 2008

order 22 of cpc should be follow by plaintiff.

K.K.Sharma (President )     13 September 2010

According to order22 rule 4 (3 )CPC if no application is made the suit shall abate as against the deceased defendant .(when sole defendant dies)  I don't understand the onus of the deceased defedant'' s Lr substitution   falling upon  plaintiff. why should plaintiff file application to install Lr for dead defendant ? 



Vinoba (Advocate)     13 September 2010


If the suit filed is for bare injunction then the suit automatically gets abated for reasons that cause of action for such suits does not survive as the relief prayed is against a particular person.

If the suit is for declaration as well then order 22 comes in to picture and the the L.R's of deceased defendant have to be added necessarily impleaded for just adjudication since the cause of action for the suit survives.

In criminal cases the case gets abated once the accused dies.

L. Vinoba,



PRAKASH.PATEL (LAWYER)     09 February 2013

suit of specific performance filed by plaintiff and injuction is granted.the plaintiff brought three legal heirs on record of defendent but one legal heir is not brought on record since 1992 can suit gets abated ?

E SATHEES KUMAR   28 December 2017

When one of the defendant died in OS. we dont know their LR and their adddres what will be the next steps ?

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