Querist :
Anonymous
(Querist) 26 April 2019
This query is : Resolved
In an eviction petition, petitioner (landlord) died during pendency of proceeding leaving wife, two sons and mother as his legal representatives. Applicaton filed by his wife and two sons for making them party and to proceed with petition. No applicaton was filed from decesed's mother. Opposite party filed application to order abatment of suit.
Kindly suggest what to do, also please give references, if any
P. Venu
(Expert) 27 April 2019
Are you the respondent i.e. the tenant? What is the opinion of your advocate?
Querist :
Anonymous
(Querist) 28 April 2019
I am landlord's wife and now feared about possible abatement of proceedings.
Querist :
Anonymous
(Querist) 28 April 2019
I am landlord's wife and now feared about possible abatement of proceedings.
Dr J C Vashista
(Expert) 28 April 2019
All LRs of deceased (including mother) do succeed and continue the proceeding after allowing application u/o XXII R10 CPC on your behalf since right to sue survives. Contact and consult your lawyer for better appreciation of facts, guidance and proceedings. If you feel dissatisfied or lost faith in your lawyer, must change him/ her immediately.
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