Regular first appeal
Mohan R
(Querist) 05 September 2012
This query is : Resolved
Hello experts....your advice please.
Against impugned order of the trial court,
an appeal was filed and appellant my mother, through me,her attorney got a stay in the High Court. Now my question is:-
a) My mother has passed away ,so LR's have to be put on record. What is the limitation period for that and under which section of CPC will the application be filed and by whom??
b)My mother has one more son and daughter. She had disowned her daughter around 15 years ago and the appeal RFA was by her against her daughter on account of mismanaging the movable property and i as attorney was attending the court hearings wherein the stay is now given.So what if anything have the other son and daughter to do.
Rgds
ajay sethi
(Expert) 05 September 2012
order 22 rule 3 :
"3. Procedure in case of death of one of the several plaintiffs or of sole plaintiff.-
(1) Where one of two or more plaintiffs dies and the right to sue does not survive to the surviving plaintiff or plaintiffs alone, or a sole plaintiff or sole surviving plaintiff dies and the right to the sue survives, the Court, on an application made in that behalf, shall cause the legal representative of the deceased plaintiff to be made a party and shall proceed with the suit.
(2) Where within the time limited by law no application is made under sub-rule (1) the suit shall abate so far as the deceased plaintiff is concerned, and, on the application of the defendant, the Court may award to him the costs which he may have incurred in defending the suit, to be recovered from the estate of the deceased plaintiff
ORDER-XXII RULE-10-A
10A. Duty of pleader to communicate to Court death of a party. - Where a pleader appearing for a party to the suit comes to know of the death of party, he shall inform the Court about it, and the Court shall thereupon give notice of such death to the other party, and, for this purpose, the contract between the pleader and the deceased party shall be deemed to subsist.]" Section 141 with Explanation given to it is reproduced as under
ajay sethi
(Expert) 05 September 2012
application has to be made within period of 90 days from death of your mother .
Raj Kumar Makkad
(Expert) 05 September 2012
Apart from the detailed provision told by ajay, you second question remains unanswered. It is better to mention the names of son and daughter of your deceased father but dont miss to mention about their disowning by your father during his life time and thus those are not entitled to inherit.
