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In the said matter also the suit was filed against a dead person. ... have treated the said application filed under Order 22 Rule 4 of the Code as one filed under Order 1 Rule 10 of the CPC, in order to do justice between the parties. Merely because of the non- mentioning of the correct provision as Order 1 Rule 10 of the Code at the initial ...

Since the suit is against a dead person, substitution of legal representatives would also not be permissible under the provisions of Order 22 Rule 4 of the CPC. However, since the suit has already been filed, which is its physical aspect, a prayer for its withdrawal ought to be permitted with liberty to file a fresh suit on the same cause of ...

As per the respondent, the factum of the institution against a dead person itself ‘strike at the very root of the matter/ suit’ and Order 23 Rule 1(3) of the CPC wouldn’t apply.

She inter alia contended that P. K. Periaswamy Nadar, the sole defendant against whom the suit was originally instituted, had died on 1-6-1958 and that the suit filed against him on 31-7-1958 was a suit filed against a dead person and was a nullity and, therefore, no amendment of the plaint could have been allowed permitting the plaintiff ...

Last Updated on October 17, 2023 by News Desk. Issue: The Madhya Pradesh High Court has addressed the key issue of whether an action filed against a deceased individual constituted a formal defect and if the plaintiffs may abandon the claim and start a new suit. Furthermore, the court addressed whether the substitution of legal representation in such instances is allowed.

Since the suit was against a dead person in the present matter, substitution of legal representatives was also not be permissible under the provisions of Order 22 Rule 4 of the CPC. Finally, it was held that as the suit was already filed and was at its initial stage, a prayer for its withdrawal ought to have been permitted with liberty to file ...

He is one of the legalheirs of the deceased defendant who is the first respondent in E.P. He has filed E.A.No.3675 of 2011 under Section 47 CPC contending that E.P. is not executable and nullity. According to the petitioner, the first respondent filed suit against his father as sole defendant for declaration of title and recovery of possession.

A: If a defendant dies before a lawsuit is filed, their legal representatives should be named as defendants in the suit. If the plaintiff is unaware of the death and files a suit against the deceased, the legal representatives can be added later under Order 1 Rule 10 of the Code of Civil Procedure (CPC). Q: What is Order 1 Rule 10 of the CPC?

(b) shall ascertain that the person proposed to be appointed to represent the estate of the deceased person is willing to be so appointed and has no interest adverse to that of the deceased person.] 1. Ins. by Act No. 104 of 1976, sec. 72 (w.e.f. 1-2-1977). 5. Determination of question as to legal representative.

But if a situation in which where a suit is instituted against the person who is already deceased, it will be considered as null and void and it will have no legal effect. Death of plaintiff Order XXII of the Code of Civil Procedure, 1908 talks about the provision that what happens when there is a death of plaintiff.

Order 22 CPC Description. 1. No abatement by party's death if right to sue survives ... Administrator-General, or an officer of the Court or such other person as it thinks fit to represent the estate of the deceased person for the purpose of the suit; and any judgment or Order subsequently given or made in the suit shall bind the estate of the ...

No suit against dead person - his legal heirs be brought by impleading petition when or.22, rule 4 C.P.C. was dismissed on technical point - As mentioned supra, it is only if a defendant dies during the pendency of the suit that the provisions of Order 22 Rule 4 of the Code can be invoked. ... Order 39 Rule 1 CPC - suit for permanent injunction ...

Further held that a suit against dead person is admittedly a nullity and therefore, O. XXII, R.4 can...joined as party because the suit is filed against dead person.7. Now in this case, the endorsement for the bailiff for the death of defendant No. 7 made on 31-01-2009 and the present application is filed on ...

If a defendant dies before the institution of the suit, the plaintiffs are not obligated to substitute the deceased with legal heirs, as the suit is not maintainable against a dead person. The question of substitution arises only when a party dies during the pendency of the suit Arati Sikdar VS Staya Ranjan Kundu - Calcutta. Key Findings from ...

The defendant no.1 has no jurisdiction to declare any person as dead who is missing since a long time. In missing cases, death certificate is issued on the direction of the competent Court which also declares the missing person as dead. The defendant no.1 has denied the other allegations of the plaint and has prayed for dismissal of the suit. 5.

Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit filed against dead person - Impleadment of LRs of deceased defendant - Suit filed against dead persons, defendant No.1 and defendant No.10, due to bona fide mistake - Plea that defendant No.1 transferred his property to defendant No.3, as such legal heirs of defendant No.1 has no interest in ...

No suit against dead person - his legal heirs be brought by impleading petition when or.22, rule 4 C.P.C. was dismissed on technical point - As mentioned supra, it is only if a defendant dies during the pendency of the suit that the provisions of Order 22 Rule 4 of the Code can be invoked. ... CPC speaks about judicial discretion of the Court ...

CPC; Execution U/O 21; Court Fees Act; Transfer of Property ... After interaction with opp. junior advocate I found out that they have filled suit against dead defendant due to lack of knowledge. ... heir of deceased who is not party to the suit can directly move application to dismiss the case since it was filled against dead person with due ...

3. Mr. Prem Khilnani for the Municipal Corporation, contends that it is not a necessary consequence of the filing of a suit against a dead man that it should be dismissed and that upon an application made under O.1, R. 10, Civil P.C., read with s. 153, Civil P.C., the Court has the power to substitute a living person as a defendant for a dead person.

Details Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Section 21 -- Suit filed against a dead person - Death was not within knowledge of plaintiff and suit filed within time - If Court is satisfied that non impleadment of legal heirs of deceased defendant was a bona fide mistake, then Court has got power to implead them invoking O.1.R.10 CPC and S.21 of.....