Contempt proceeding against deceased
Querist :
Anonymous
(Querist) 28 April 2023
This query is : Resolved
In a case, The defendant was ordered by the court to pay a rent of Rs 30K to the petitioner, and on default, contempt proceedings can be initiated by the Petitioner. Now for the last 5 years, the defendant paid the rent to the petitioner. Now defendant died. As per the decree, the petitioner has a right to file contempt proceedings against the defendant. But the defendant is deceased. Can the petitioner file this suit against the legal heir of the defendant?
Now, if the petitioner files the suit, does he need to move an application for bringing legal heirs on record under ORDER XXII, CODE OF CIVIL PROCEDURE?
I am confused by the fact that 1) No suit can be filed against a dead man 2) If we add a legal heir then does the application need to be filed for bringing legal heirs on record under ORDER XXII, CODE OF CIVIL PROCEDURE - What I Understand is Order XXII is applicable when a party dies during the pendency of the suit. But in this case, the suit is disposed of, however, the defendant in his death is violating the order of the court and the contempt suit that which the petitioner is willing to file is not an ongoing suit. It is a fresh suit.
T. Kalaiselvan, Advocate
(Expert) 28 April 2023
If the legal heirs of the deceased tenant are occupying the rented premises, you can issue a legal notice to them to vacate the premises or to continue to pay the rental amount by renewing the rental agreement.
No contempt of court proceedings can be initiated against a dead person.
Advocate Bhartesh goyal
(Expert) 29 April 2023
Yes, No contempt petition can be filed against dead person ( deceased tenant ) or his legal heirs although you may demand due rent from legal heirs of deceased tenant .
P. Venu
(Expert) 01 May 2023
You may issues notice to the legal heirs in tenancy and if need be, initiation fresh proceedings against them.
