Suit
venkatesh Rao
(Querist) 10 December 2011
This query is : Resolved
Mr. A had four sons and one daughter. His wife died long back. He had a house self acquired. He executes a settlement deed in favour of his eldest son that subject to the condition that he performs the marriage of the daughter (his sister) the house property is conveyed. Possession followed. But the son fails to perform the marriage, A performs the marriage. He files a suit for recovery of possession of the house.
During pendency of suit, A died. Three sons and the daughter filed an application for substitution of the LR,s.
1) Whether defendent son should be impleaded/substitued as LR?
2) If not, does not the suit fail for non joinder of necessary parties?
3) If yes, sole defendent transposes as Plaintifff 1(a) and suit lies against nobody?
Devajyoti Barman
(Expert) 10 December 2011
1. Yes, definitely.
2.Yes
3.Not possible.
Raj Kumar Makkad
(Expert) 11 December 2011
I have also similar reply to the query.
Guest
(Expert) 11 December 2011
I endorse the opinion of Shri Barman.
K S GOSWAMI, Advocate
(Expert) 11 December 2011
During pendency of suit, A died. Three sons and the daughter filed an application for substitution of the LR,s.
1) Whether defendent son should be impleaded/substitued as LR?......No, as he is already Defendant in the case instituted by the deceased father but only such statement is o be made in the application.
2) If not, does not the suit fail for non joinder of necessary parties? ............ Suit would not fall because of Non-Joinder of the parties but is shall abate because of not bringing LRs of the deceased Plaintiff and the suit can not continue without Plaintiff and/or his LRs.
3) If yes, sole defendent transposes as Plaintifff 1(a) and suit lies against nobody? ......... No.
