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vinodkumar (Lawyer)     14 January 2023

Civil law join as party

i file a civil suit for specific perfomnce of sale deed [banakhat]  dated 21/10/2010,   the suit i file a suit in the year 2021 , now when process of court ,summons notice issue to defandant , we came to know that the defandant no 3 is expired after signing the banakhat , in the year 2019,   so in this situtation what is remedy ,  bcoz suti is file agaisnt the dead person defandant no 3 ,   and court oral says that the cpc o 22 rule 4 is not maintanable in this suit ...so how can i join the party , legal heirs of of defandant no 3



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 2 Replies

bharat kothari   15 January 2023

see when the suit was filled you was not knowing that def number 3 has expired you got the knowledge of the same when the belief visited to sirve the summer to defendant number 3 so therefore you take out an application to delete the name of defendant number 3 and add legal representative not as his legal hairs but as independent persons 9322523623

Dr J C Vashista (Advocate)     15 January 2023

Suit against a dead person is not maintainable.

You are required to implead legal representatives of deceased as party for the relief against such person.


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