Order 22 rule 4 and 3 lrs applicationS
NAGARAJ
(Querist) 29 December 2018
This query is : Resolved
As a plaintiff lr i hv filed application under Order 22 rule 4 and 3 lrs application of def and plaintiff......notic issued on ia def lrs apeard and fild vakalath and also filed objections on Said IA s.......lr appplication still not allowed lrs of def not yet come on record in this circumstanses wheather lrs of defendants hv locus standi to file objections on IAs and prays for dissmissal of the aforesaid applications whethr it is maintainable
SHIRISH PAWAR, 7738990900
(Expert) 14 March 2020
Dear querist,
Once they are allowed on record they can contest the suit as defendants, they can file objection and they can also file dismissal applications.
Regards,
Raj Kumar Makkad
(Expert) 14 March 2020
Though there is a flaw in the facts posted by you. Whether the notice of the application was sent to the defendant or his LRs and if to defendant then what was the report of the process server and if the report was showing the death of the defendant then his legal heirs were required to first move an application seeking substitution of the defendant by them and this exercise could have been done by plaintiff even.
Anyways, if the court has substituted the defendants then they have got every legal right which was available to the original defendant.
