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Mariam Taweel (not applicable)     12 December 2023

Claimant dies during civil trial

If there is a claimant who has made easement rights claim for a property, but this claimant dies, what happens to the court case?
Does it get dissolved or the case is transferred to the children?



Learning

 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     12 December 2023

The case will not be transferred but the children of the deceased may implead.

Sanskriti Tiwari   12 December 2023

If a claimant dies during a pending easement rights case, the legal proceedings generally continue. The legal principle of 'survival of cause of action' applies, meaning the cause of action survives the death of the claimant. The case isn't dissolved but rather is usually transferred to the legal heirs or representatives of the deceased claimant.

As per Section 306 of the Indian Succession Act, 1925, the legal representatives of the deceased person can be substituted in the pending case. Similarly, Section 146 of the Code of Civil Procedure, 1908, allows for the substitution of legal heirs or representatives in such situations.

Therefore, when a claimant with easement rights passes away, the court case is generally not dissolved but rather continues with the involvement of the deceased's legal heirs or representatives, ensuring the continuity of the legal proceedings.

1 Like

T. Kalaiselvan, Advocate (Advocate)     13 December 2023

The legal heirs can continue the case if they wish to do so.

They may get themselves impleaded as LRs of the deceased  and continue the case.

1 Like

Dr. J C Vashista (Advocate )     13 December 2023

The case is to claim easement rights, where right to sue survives after death of plaintiff, hence his / her LRs shall  subsititute deceased to take over as plaintiff.


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