Partition suit
Vyas Desai
(Querist) 10 November 2014
This query is : Resolved
Our OS was disposed by Civil Court in year 2007 and High Court disposed off the appeal in 2008. The respondent preferred an appeal before Supreme Court in 2009. Supreme Court converted into Civil Appeal in 2010 and granted stay. The sole appellant died on 12/04/2013. He is now survived by wife and two sons, they have not come on record. The Registrar has now called for records. How to abet the proceedings as LR's havent come on record since a year and half.Our advocate is not responding. We wish to hand it over to another advocate. What will court do if we produce death certificate? How to end the litigation?
Advocate Kappil Cchandna
(Expert) 10 November 2014
Dear,
Yes you can surely do that and it will help you.
Thereafter if court is satisfied, it will dismiss it.
Adv kapil chandna, 9899011450
Anirudh
(Expert) 10 November 2014
The litigation will not abate, at this stage, for not bringing in LRs within the prescribed time limit.
SC will permit the other side to bring the LRs on record, even if it was belated.
Devajyoti Barman
(Expert) 10 November 2014
Unless you bring the information of death of appellant and non substitution to court, it would not abet.
R.K Nanda
(Expert) 10 November 2014
inform death of appellant to SC and then SC will pass proper orders in ur case.
ajay sethi
(Expert) 10 November 2014
agree with MR Anirudh
Dr J C Vashista
(Expert) 10 November 2014
I also agree with expert Mr. Anirudh
T. Kalaiselvan, Advocate
(Expert) 14 November 2014
Agreed, the litigation will not abate for non inclusion of LRs if the death of appellant has not been communicated to the court.
