Recovery suit
ckanta
(Querist) 21 June 2013
This query is : Resolved
Hi sir,
I have filed the recovery suit against the defendant and he has already given WS and we have already filed replication. after that he has been proceeded as exparte as he was not appearing on the dates in the mean while he got expired and we have filed amended memo of parties to make the Lr's as defendants. now the court has allowed LR's application of cross examination of the plaintiff. however their lawyer has appeared on last date and instead of doing cross examination of the plaintiff asked to file WS on behalf of LR.s. and Court has allowed him to file it on next date of hearing. How he has filed WS again as his father who was orginal defendant has already filed it. Please help me with some judgements so that we can argue on the next date regarding filing of WS again by LR.s. I believe LRs step in to the shoes of defendant only and they can proceed from the stage when the Defendant expired. Please suggest on urgent basis.
Thanks for your support.
Adv Archana Deshmukh
(Expert) 21 June 2013
LRs can file WS after coming on record even if the original defts have filed it.
ckanta
(Querist) 22 June 2013
Hi Just want to clarify whether they cAN GO BEYOND THE stand taken up by the original defendants
prabhakar singh
(Expert) 22 June 2013
When they have right to file W.S.then they can defend in manner legally suitable to them.
If debt was admitted by deceased defendant, it is not expected that they would deny that.
The debt has not devolved upon LRs as personal obligation.
Any decree,if passed,would be executable only against properties left behind by the deceased debtor and not against LRs or their personal properties.
ajay sethi
(Expert) 22 June 2013
agree with prabhakar singhji
Raj Kumar Makkad
(Expert) 22 June 2013
I do agree with the wise advice of the experts.
