Civil Procedure Code
jayaveladvocate
(Querist) 18 June 2009
This query is : Resolved
I am witnessing a bizzare point at point drafting the petition for the impleading the Legal reps. of the deceased litigation, the court staffs always insist on the impleading deceased and adopting the same cause title with slight modification by insertion of new Legal reps is it right. If someone is dead why should we keep him in all the subsequent Interloqutory applications, I do not object the to keep the name of the deceased in the main petition or the plaint. Can any one enlighten me the statutory warranty in this matter.
adv. rajeev ( rajoo )
(Expert) 18 June 2009
It need not to show the name of the deceased in every interlocquotry applications.
IN the IA's just we mention the parties name, if there are more than one party then we'll mention it as X(name of the first respondant and petitioner) and ors.,
You convince the court stafff, they are not supposed to do so.
Jayashree Hariharan
(Expert) 18 June 2009
There is probably no statutory warranty, as you are aware about the statutory provision for including the LRs.
The only probable reason for the court staff insisting on it would be to help them identify and include the IA in the respective files, in case it is mixed along with other files, or such other administrative issues.
This is as far as my logic gathers.
Y V Vishweshwar Rao
(Expert) 18 June 2009
I Agree with learned friends and furhter say that;-
The Original Proceedigns are initiated by Deaceased / Plaintiff or Defendnat - it is always better to first mention original cause of auction i.e;- X Died per lrs - Plaintfiff and Z died per lrs - defednnats - it give a clear indication that the proceedigns are beign continued by lrs and any furhter developements / facts in the case , can be pleaded by amendment of pleadings . Attention of the Cout will be always that original Party died Lrs brought on record - with out original party there are no proceedings and the claims of lrs are through original party only .
Swami Sadashiva Brahmendra Sar
(Expert) 19 June 2009
Mr Rao is right.
even technically, legal representaives can not be a original party. they are representing and continuing the rights of deceased/original party. cause of action also arose in the life time of original party.
If the LRs are impleaded directly, they must also be related directly to cause of action and in such a situation they may not have direct actionable claim or the suit may have become time barred when actionable claim accrued to them.
J K Agrawal
(Expert) 21 June 2009
You pl go to GENERAL RULES CIVIL of your state. You will find a mandate there. It is necessary to continue the proceedings in the name of original litigants. LR only steps in the shoes of original litigant. If they have their own cause of action they can file a separate suit in their name.
Sachin Bhatia
(Expert) 03 October 2009
It is necessary to continue the proceedings in the name of original litigants. LR only steps in the shoes of original litigant.
