Lrs of defendant particulars not known to the plaintiff
Manju
(Querist) 02 January 2025
This query is : Resolved
Dear sir,
I have filed a Declaration suit during the pendency of the suit 3 Defendants are died (who is the purchasers) under these circumstances defendant counsel reported the death of the Defendants and now i dont know the perticulars of the Defendants LR's
now my question is what is the next steps if legal heirs of deceased defendant name address not known to the plaintiff?
can i file 151 of cpc praying to the court to direct the Defendants to furnish the details of the Legal heirs of the Defendants?
kindly do the needful
Thanking you
Manju, Advocate
T. Kalaiselvan, Advocate
(Expert) 02 January 2025
The obligation is cast upon an advocate of the deceased party to intimate the factum of death of the deceased party to the court.
The provision of Order-XIII R-10-A enjoins upon the court to give notice of such death to the other party as the word “there upon” appearing in Rule 10-A of Order-XXII leaves no room for doubt that on intimation received from the advocate of the deceased party, “the court shall give notice to the other party” suggesting that the duty on the part of the court is equally statutory in nature and has necessarily to be observed.
Thus the counsel would be directed to furnish the name and address of the LRs of deceased
P. Venu
(Expert) 03 January 2025
Yes, You can request the Court to direct the defendant's/their advocate to furnish the requisite information.
Manju
(Querist) 03 January 2025
Thank you so much sir
