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Madhu Mittal (Director)     18 January 2020

Suit u order 37 cpc against legal heir against dishonored ch

Sub:  suit u Order 37 cpc against legal heir against dishonored cheque of her  husband

A loan is given to Mr. borrower  on 25.04.2017 by taking in repayment  a post dated cheque dated 25.04.2018 when presented on its date, it returned with remarks  a/c freeze. When notice u/s 138 was issued, It has come to our knowledge that he expired on 21.03.2018 i.e. before presentation of cheque in Bank on 25.04.2018.

Last payment of interest by cheque was on 06.02.2018.

  1. Whether suit under Order 37 CPC can be filed on behalf  of this returned cheque of borrower against his legal heir i.e. wife.
  2.  If yes, whether notice u/s  80 CPC  is to be issued again or notice u/s 138 earlier issued was sufficient.
  3. Any other remedy.

I have posted this at threat  also, as some persons are not designated yet as an expert.


 3 Replies

Venkat Reddy   18 January 2020

Sec 80 CPC is applicable if you are suing government or public officer in official capacity, that's not the case here I hope. Refer to the case Rajesh Madanlal Anand vs Rakesh Madanlal Anand And Another dated 5 September, 2018 by HIGH COURT OF JAMMU AND KASHMIR, Summary suit is maintainable but execution would be limited to the inherited estate of the deceased. Notice demanding payment of the dishonured cheque might be mandatory on the legal heirs. The judgement might help!
1 Like

Rahul Cheble   18 January 2020

without cancellation of sale deed suit for possession is maintainable?

Madhu Mittal (Director)     06 February 2020

Thanks for giving valuable time for my guiadance, sh.venkat reddyji,

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