Plaintiff dies

Advocate Sheetal (Querist) 02 December 2015 This query is : Resolved
HI ALL
i am the advocate for plaintiff now he is no more
he was the only plaintiff in suit
the surviving right is exist
what will be the next procedure
plz help

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V R SHROFF (Expert) 02 December 2015
BRING PLAINTIFF" LR , HEIRS ON RECORD

Advocate Sheetal (Querist) 02 December 2015
hi Mr. Shriff
but the problem is, who will be the Applicant
is it important to add applicant in the short title of suit by naming as "Proposed Plaintiff / Applicant"
what will be the format

Advocate Sheetal (Querist) 02 December 2015
who will signed the Application

Guest (Expert) 02 December 2015
First take time from the Court Stating the Facts and advise the Plaintiff's Family to Obtain Legal Heir Certificate at the Earliest.Basing on the Legal Heir Certificate the Legal Heirs Could authorise any one of them to Contest the Case.Discuss with your Senior Advocates.

Rajendra K Goyal (Expert) 02 December 2015
procedural step, can have guidance from some senior.

Advocate Bhartesh goyal (Expert) 02 December 2015
Any LR of deceased plaintiff can file application for bringing the LRS on record application should be filed as per provisions of General Rules Civil.

prabhakar singh (Expert) 02 December 2015
Read order 22 CPC.You need to inform the court about the death of sole plaintiff.
Thereafter you need to file an application
on behalf of the LRs of the deceased plaintiff stating the date of death, the right to sue survives and application is to be made within 60 days from the death and application as well affidavit can be signed by any of the LRs.The relation of each and every LR should be stated in the application.Fresh power would be required to be filed.
There is no specific format for the application.

Kumar Doab (Expert) 02 December 2015
Agreed with Experts.

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