Not responded to Highcourt notice

Querist : Anonymous (Querist) 09 July 2011 This query is : Resolved
what is the implications if Respondent has not responded to notice issued by High court on Appeal. The Responded is dead now. Will the High court issue the second notice on legal heirs.

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A V Vishal (Expert) 09 July 2011
You have to bring them on records as legal heirs of the deceased respondent and issue notice. Applications to bring legal representatives of parties to the proceeding should be filed.

Advocate. Arunagiri (Expert) 09 July 2011
Yes, you can include the legal heirs as parties, and issue notice to them.

Querist : Anonymous (Querist) 09 July 2011
Thanks for the fast advice. But Respondent is my father. He could not respond to notice due to ill health. Now as a legal representative, can i file the response to that case or should I wait till Petitioner send the notice.

A V Vishal (Expert) 09 July 2011
What are the facts of the case?

Querist : Anonymous (Querist) 09 July 2011
Heard the learned counsel for the appellant. The substantial question of law that would arise for consideration, is as to whether the repayment of a mortgage would be presumed in the absence of a registered deed of redemption and whether the suit could have been entertained 33 years after the time had lapsed to redeem the mortgage.
admit to consider the above substantial question of law.
stay as prayed for.
notice to respondents. Call for records.

A V Vishal (Expert) 09 July 2011
It will be prudent to enter on records as legal successors in the instant case.

Querist : Anonymous (Querist) 09 July 2011
HI Vishal, thanks for the advise. I have seen your reply on Mortgage matters in other messages. Is it possible to comment on the present case

A V Vishal (Expert) 09 July 2011
It would be premature to advise without perusing the files.

A V Vishal (Expert) 09 July 2011
My gut feeling is there is no locus standi of the petitioner in the case.

Querist : Anonymous (Querist) 10 July 2011
Vishal thanks for the advice, could you elaborate the point you raised.

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