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unique horn (self)     24 March 2010

Decree against died defendant

hello 

             In a civil appeal held in madras high court, a decree has been given against my deceased father and against me (i am  minor when case filled and guardian by my died father) without filling LR petition and major petition. Does this decree will bind me? please tell me can i file a appeal or a revision petition?



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 4 Replies

niranjan (civil practice)     24 March 2010

It is necessary to know as to whether you had attained majority when the decree in the lower court was passed or when appeal in the high court was filed.whether the death of your father was declared in the appellate couurt? if you were major during the pendency of appeal and when your father died,you should not have waited for joining lr, but you should have applied for impleading you as party.

bhagwat patil (Property due diligence 9422773303)     25 March 2010

if at all any property is inherited by ur father then to the extent of the portion the decree is applicable.son is not liable for father:s loan if he not getting any penny as inheritance.

unique horn (self)     26 March 2010

thanks for ur replay sir,

               i have also included in this suit as 2nd defendant, minor  guardian  by my father while appeal made .My father died 7 years  before order passed in appeal and i am 28 of age now but still in records i am minor . my doubt is - Will  the degree passed against the 5 defendants(total) in this suit  will bind me or not? 

    

unique horn (self)     26 March 2010

thanking you sir for your replay, But this is not money suit or loan suit. 


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