imroz ali ahmed (self employed) 17 November 2021
Means suit decreed in favour of defendant ?
Honourable court said following sentences:::
No representation for plaintiff. Plaintiff called absent. Record shows that defendant's counsel filed memo on 25-02-2020 that plaintiff died on 05-12-2018 itself. There is no representation for the plaintiff since several adjournments. The counsel for D.1 to D.3 requests to dismiss the suit as abated. Hence the suit is dismissed as abated.
SHIRISH PAWAR, 7738990900 (Advocate) 17 November 2021
Hello,
Suit dismissed as abated does not mean that suit is granted in defendant's favour. The suit filed by plaintiff is dismissed.
Shashi Dhara 17 November 2021
Plaintiffs lrs can file application with sufficient reasons to set aside the abate and to bring lrs on record and seek relief to continue the suit.
Advocate Bhartesh goyal (advocate) 17 November 2021
plaintiff's suit dismissed as abated means plaintiff's claim has been dismissed due to reason of his death and not brought legal heirs in place of plaintiff on record within 90 days from death of plaintiff.it does not mean that court has decided the suit in favour of defendant.legal heirs of plaintiff may file petition to set aside abatement with delay condone application and prey for continue suit.
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