Defendant Expired Prior to Suit - Remedy

- Defendant expired - Prior to filing of - Suit......... Remedy..................?

                                      

- Basically in case of death of one of several defendants or of sole defendant after filing of suit procedure / provision of taking legal heir/representative is provided in C.P.C.

- But if in case of death of defendant/defendants prior to filing of suit no provision is provided in C.P.C.

- In the case of death of defendant prior to filing of suit plaintiff may file an application for Impleadment of legal representative of deceased defendant as they are necessary party in order to enable court to effective and completely adjudication , settle all the questions involved in the suit.

-In such above case even application for taking legal heir on record is rejected is no bar to file application for impleadment of legal representative of defendant expired prior to filing suit.

- In such case court to take into consideration bona fide mistake , necessity of party .

- Above application may be filled at any stage of the suit.

- Basically it's not required to mention provisions in the application as per Law. But it's well settled that a mere wrong mention of the provision in the application would not prohibit a party to the litigation from getting justice.

= = Relevant Provision = = =

- Order 22 Rule 4 of C.P.C.

- Order 1 Rule 10 of C.P.C.

_ _ _ Relevant Judgement _ _ 

- Pankajbhai Rameshbhai Zalavadiya v/s Jethabhai Kalabhai Zalavadiya (Deceased) Through LRS  & Ors 2018 SAR 1. 

= = Please read all previous blogs give suggestions , comment Also anybody can circulate all my blogs without my consent = =