Standard rent case.

LEGAL-CIVIL CRIMINAL (Querist) 15 April 2014 This query is : Resolved
We have filed a case for fixation of standard rent as tenant against landlord.

Original Landlord died and there are two sons and both have been made defendants.

Summons to one is served but other is avoiding. So can we delete the second name so that trial can commence.

What will be procedure for the same.

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adv. rajeev ( rajoo ) (Expert) 15 April 2014
You cannot because he is legal heir of the deceased owner. He is necessary party. If he is avoiding proceed with alternative procedure to serve the summons.

adv. rajeev ( rajoo ) (Expert) 15 April 2014
He is necessary party, he cannot be deleted because he is the legal heir of the deceased owner. If he is avoiding service of summons go for alternative method to serve the summons.

LEGAL-CIVIL CRIMINAL (Querist) 15 April 2014
Whether one son of the landlord is not enough.

Devajyoti Barman (Expert) 15 April 2014
You have to make landlord the party. If both are landlord then both are necessary party.
If not then expunge his name.

Sudhir Kumar, Advocate (Expert) 15 April 2014
do not delete the evading party

either enforce summon or get public notice.

Advocate Bhartesh goyal (Expert) 15 April 2014
If you have made both sons as landlord defendant in suit then you have to get served the summons to both and if any one of them avoiding then pray for substitute service.

T. Kalaiselvan, Advocate (Expert) 15 April 2014
The evading defendant has to be served with summon by alternative method or substituted service of summons method for proper adjudication.

Rajendra K Goyal (Expert) 16 April 2014
Well advised, agree to it.

Advocate. Arunagiri (Expert) 16 April 2014
In any civil case, if the party dies, you can bring their Legal Heirs.

If they refuse to accept the summons, request the court to pass exparte orders.

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