Order Against Dead Person
amit
(Querist) 16 February 2011
This query is : Resolved
An order was passed against non applicants, out of which one non aplicant was dead during pendency of petition and his legal representatives was never came on records.
1- Whether the order passed is nullity against that non applicant only or against the all non applicants?
2- Whether the petition abates against that non applicant or against all non aplicants?
barun deka
(Expert) 17 February 2011
that is where the test of severability would come. if the order is such that needs joint implementation against all then the petition will abate as a whole (in toto)otherwise it will abate only against the dead respondent. the basic idea is to make sure that there are no contradictory or inconsistent orders had the petitioner filed separate petitions against each respondent.
refer (2003) 3 SCC .... i forgot the page number check in the index for order 22 cpc
G. ARAVINTHAN
(Expert) 17 February 2011
1. Any order passed in favour of or against the dead person is nullity
2. Abatement can be made to bring legal representatives on record. But, no order will be against legal representatives till they be parties to the proceedings
R.venkatesh Naidu
(Expert) 17 February 2011
if any order has been passed against a death person it has been treated as nullity. Automatically the suit can be made abatement. but the legal heirs have been implemented by the otherside to file a implement petition under order 22 rule 4 and they amended the plaint after they can conduct the suit.
