• What if plaintiff dies in specific performance case of a family settlement agreement?

Sir what will be the faith of a specific performance case of a family settlement agreement where both Plaintiff & defendant have died before framing of issues?
Asked 4 years ago in Civil Law

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15 Answers

legal heirs of plaintiff and defendant have to be brought on record to continue the case

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Hello,

The legal heirs of both the individual will be impleaded in the suit and the trial will then continue.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

In civil cases the suit will continue with the Legal Representatives of both the plaintiff and defendant. The death of parties must be reported and an application to bring on record the LR's must be filed within 30 days from the date of intimation to the court.

In so far as the family settlement in a case for specific performance is concerned. The legal representative of the plaintiff and defendant must give their consent to such an agreement once they are bought on record.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

Hi, thier legal nominees can plead as a party to the civil suit

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Legal heirs of both cam be brought on record under order 22 cpc and suit will proceed

2. Procedure where one of several plaintiffs or defendants dies and right to sue survives.- Where there are more plaintiffs or defendants than one, .and any of them dies, and where the right to sue survives to the surviving plaintiff or plaintiffs alone, or against the surviving defendant or defendants alone, the court shall cause an entry to that effect to be made on the record, and the suit shall proceed at the instance of the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear,

If Plaintiff and Defendant both have died before framing of issues,

then legal heirs of both the parties, became the parties in that case.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Their legal heirs has to be impleaded as parties to continue the proceedings.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

The death of the parties to the suit does not alter the fate of the case in any manner whatsoever.

So the legal heirs of the plaintiff and defendant can apply for substitution of their names in place of the deceased party by filing an application under Order 22 Rule 4 of CPC.

This is permissible of the party dies at any stage of suit including during the appeal stage.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

if the legal heirs would like to continue the case and claim their succession rights they can very well file a petition to implead themselves as legal representatives of the deceased plaintiff and continue the suit from the place where it was stopped.

It is for the legal representatives of the deceased defendant to defend their interests and go ahead with the case.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

There legal representative should file application under order 22 rule 2 of Code of Civil Procedure to bring on record.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hi

Subsequent to the demise of both plaintiff and Defendant in a suit for specific performance the next steps would be to

a) Make an application to the court that the right to sue survives and hence it is mandatory that the legal heirs are impleaded in the suit and

b) Implead the Legal Heirs of both Plaintiff and Defendant under Order 22 Rule 4 of CPC and

c) Once the legal heirs are Impleaded the court will issue notices to Legal Heirs and

d) Case will continue as is usual once the Legal Heirs are impleaded as parties.

e) In the event of legal heirs not participating in the suit, the court will proceed against the legal heirs and pass ex-parte orders which will be binding on legal heirs.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

Both the parties or either of the same can move an application for the impleadment of their name as legal heir in the suit.

Apply for the legal heir certificate also before the SDM of your area.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

The case can be run on their legal heirs names.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Their legal heirs can be brought on record by making application in court.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

If both the parties are died and the legal representatives of the parties are want to implead himself then legal representatives should move an impleadment application for substitution of their names in the suit. If legal representatives are not interested to carry on this civil suit then they can withdraw the case. After death of the parties the civil suit will be carried on only on the leave of legal representatives. If legal representatives desire to carry on the preceding they can implead themselves otherwise withdraw the case.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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