Substitution after plaintiffs death
JTONPR
(Querist) 19 October 2018
This query is : Resolved
In a suite filed by plaintiff Mr A against respondents X,Y and Z seeking injunction in a matter related to a plot of land, Mr A died before framing of issues leaving behind one Son "S" and one Daughter "D". Within due time S filed an application in the court praying substitution of his name as plaintiff in place of his father's and also praying for addition of his sister D as respondent no.4 claiming in the application that she is not interested in appearing in the court to become plaintiff no. 2. Plz guide in the following -
1) How could D be made respondent as she is the legal heir of the plaintiff.
2) How can S, the proposed plaintiff pray for adding D as respondent in that still he is not substituted as plaintiff.
3) Upto what extent the claim of S that D is not interested in becoming plaintiff is maintainable since she has still not said either Yes or No in the court.
Dr J C Vashista
(Expert) 20 October 2018
Amendment of age and substitution of age are the same time pass repeated queries posted by same anonymous person.
However, if there is some truth in the story consult your lawyer.
