Civil Law-CPC-Order 22 Rule 2
R.Manivasagan
(Querist) 06 August 2008
This query is : Resolved
I Am for the Plaintiff side.It is suit for Declaration of Title. The 1st Defendant died on 14.07.2007. The 2nd Defendant is one of his son and the 3rd Defendant is his one of the daughters.The counsel for the defendant did not inform about the death of the 1st Defendant. Anyhow immediately after the knowledge we had filed an application on 25.12.2007 to impaled the LRs's of the deceased 1st Defendant (the wife and another son and another daughter). We did not file an application to set aside the abatement for non taking steps within 90 days. Before filing that application I had consulted with a senior Advocate and he advised me that if other Legal Heris of the deceased were already on record, the question of abetment will not arise. so, I had filed the application accordingly, but the Trial Court dismissed our application on the ground that we should file an application to set aside the abetment. Is it correct or shall I file a revision against that order or Can I file a review before the same court. Wether the senior advocates advise is correct or not please answer my query.
anantha krishna n.v. Advocate
(Expert) 06 August 2008
if the proposed defendants are already parties to the suit in a different capacity the suit would not abate. Otherwise, it abates and you need to file a petition to set aside abatement.
anantha krishna n.v. (Advocate AP High Court, Hyderabad, 9246531895)
Srinivas.B.S.S.T
(Expert) 06 August 2008
Your senior counsel's advice is correct. If the legal heirs of the deceased party are already on the file it is their obligation to intimate about the death of the person. Tell me what you have mentioned in your affidavit to add LRS. Cuz the limitation period under Or 22 Rl 2 starts from the date of knowledge.
R.Manivasagan
(Querist) 14 August 2008
Thank you my respected seniors and friends, Please give me a citations if any regarding Order 22 for my query. please
Srinivas.B.S.S.T
(Expert) 16 August 2008
2000 (1) ALT 568, 1985 (1) Alt 32 (NRC). Hope these both citations be of any help to you. Please intimate me after going through the same. Regards, Srinivas BSST
R.Manivasagan
(Querist) 10 September 2008
Thank you my dear Senior. I will go thorugh the citations and will reply soon. once again thank you
