Legal implications
Guest
(Querist) 29 September 2009
This query is : Resolved
A Suit was filed consisting of 4 Plaintiff claiming to be joint owners of a property and claiming compensation of arount Rs.20 lakhs from the Defendants. Plaintiff no. 4 was the power of attorney holder of Plaintiff no. 1 to 3. Plaintiff no. 1 died. Plaintiff no. 4 got the name of Plaintiff no. 2 to 3 deleted from the Suit and amended the plaint yet continuing to claim relief of Rs. 20 lakhs. What are the legal implications of these changed circumstances. On decree being passed in favor of Plaintiff no. 4 will he be entitled to the entire Rs. 20 lakhs or would he be entitled for only 1/4th of the claim balance claim of 3/4th being by implication abandoned by other Plaintiffs
R.R. KRISHNAA
(Expert) 29 September 2009
In my opinion, the 4th plaintiff is entitled to claim compensation from the defendants. But as the 1st plaintiff is expired 3/4th compensation may be paid. Though the erstwhile 2nd and 3rd plaintiff have been deleted from the suit, the 4th plaintiff is entitled to claim their 3/4th because he still holds the power of attorney given by 2nd and 3rd plaintiffs.
