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radhasiva chintakayala   18 July 2022

What happens to the suit filed by sole proprietorship concern basing on mou when he died

Dear Sir/Madam.  A civil suit filed by sole proprietorship concern basing on MOU (nor implemented by subsequent contract or work order etc.) against a company/individual.  During the course of trial, after plaintiff's chief              examination affidavit filed, the plaintiff died and there is no scope of cross examination.  Now what happend to the suit.  It is settled law that sole proprietorship does not have perpetual succession and his business cannot run by his legal heirs.  Now can the legal heirs of the deceased plaintiff (sole proprietor) be brought on record to continue the suit or the suit will be abated.  Kindly clarify.

Thanks and regards,

CH.S.PRASADA RAO, ADVOCATE



Learning

 2 Replies

Shashi Dhara   19 July 2022

File application to bring lrs on record ,the court  decides it.

SHIRISH PAWAR, 7738990900 (Advocate)     19 July 2022

Hello,

Yes, you can bring the legal heirs of the plaintiff on record. 


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