Death of judgment debtor
Naveen Kanth Dasari
(Querist) 31 August 2016
This query is : Resolved
Hello Experts,
I have a query related to Execution Petition.
I have a friend who stood as a Guarantor to one of his friend as his friend was availing some bid amount from a Chit Fund company, but later his friend stopped the repayment of the Chit amount and the Chit Fund company has filed a Suit against my friend for Recovery of Money and the Suit was decreed in the favour of the Chit Fund Company and the Chit fund company filed an Execution Petition against my friend attaching his movable properties, but even in the Suit and Execution Petition he did not contest and he was made Exparte and a Proclamation of Sale notice was issued against him. Later he as a Party-in-Person had filed an Exparte Set Aside Petition and the Court has ordered the Chit Fund Company to file its Counter against the Interim Application and meanwhile in the month of July 2016 he died in a road accident. So now my question is can his family hire a counsel and file Death Certificate in the Court. And what will be the outcome if Death Certificate is filed, will the court stay proceedings against my friend and file a fresh execution petition against the other guarantors or will the court ask to produce the details of the Legal Heirs of the Deceased person.
Plz suggest as the same thing has to be conveyed to my friends family as they are in trouble now as the bread earner of the family is no more.
Thank You.
Ms.Usha Kapoor
(Expert) 31 August 2016
Dear Client,
It is not clear from your query whether JDr has died or your friend his guarantor?- for chit fund company business. IN either case their LRs should be brought on record otherwise suit abates. Since it appears your friend one of the guarantors is no more and died in a road accident.Bring his LRs on record in the suit and also continue the suit by joining other other guarantors or remaining guarantors as defendants, who would proceed to pay chit fund company business dues.
Naveen Kanth Dasari
(Querist) 31 August 2016
They r in financial problems now and if the LRs is brought on record they have to contest the case and pay the amount, but my concern is just acting as a guarantor does his family have to suffer for some other persons default.
Guest
(Expert) 31 August 2016
Mr. Naveen kanth Dasari,
You seemed to have confused the terms, "judgment debtor" and the "guarantor," as the title of your query is about JD, while you have discussed the problem of the guarantor.
You have also not mentioned, whether the agreement speaks about individual guarantor or along with his legal heirs also.
Also as per your profile, yourself being a Attorney/Lawyer/Advocate, it is not understood, how you would like to justify your question, "And what will be the outcome if Death Certificate is filed, will the court stay proceedings against my friend and file a fresh execution petition against the other guarantors or will the court ask to produce the details of the Legal Heirs of the Deceased person"?
Rajendra K Goyal
(Expert) 31 August 2016
Agree with the views expressed by the expert P S Dhingra ji.
Raj Kumar Makkad
(Expert) 31 August 2016
I do agree with the advice of Ld. Dhingra saab.
R.K Nanda
(Expert) 31 August 2016
Nothing to add more.
Kumar Doab
(Expert) 31 August 2016
I too concur with Senior Expert Shri P.S.Dhingra.
The creditor can proceed for charge on estate of deceased guarantor ( as posted in your query).
The family may engage a very able counsel to defend its interest in the best possible manner.
Dr J C Vashista
(Expert) 02 September 2016
I agree with the expert advise of Mr. PS Dhingra ji.
