Plaintiffs and defendants

Dead person(s) can not proceed / contest, accordingly LRs of primary decree holder(s) as well as LRs of the judgment debtor(s) has to substitute deceased parties for passing a final decree in the suit.

However, consult your lawyer who is well aware facts of the case and duty bound to satfisfy your doubt(s), which basically I find to be vague and not clear.

It is the law to substitute the LRs of deceased person either plaintiff or defendant.

TheLRs cannot be substituted unless an amendment petition is filed and allowed by court to implead the LRs of the deceased parties 

There's no confusion about it because this is position of law.

The LRs without knowing if they are LRs the court will not allow them to proceed further further in the case without following the procedures to ascertain the facts and for compliance of law in this regard.

Respected Advocates, 

Thank you very much for your answers to my query. 

Since my query is not clear, let me explain. 

All the original plaintiffs and defendants in a partition suit died AFTER passing of preliminary decree. However, the plaint was not amended by the plaintiff side lawyer and the sons and daughters of the original plaintiffs and defendants are not impleaded into the plaint. The plaint was never amended after passing of preliminary decree. 

Recently, the plantiff side lawyer filed a petition praying the court to pass final decree. He showed the sons and daughters of the original plaintiffs and defendants as petitioners and respondents in this petition. He told the court that a preliminary decree was already passed, so it is not necessary to amend the plaint. He says it is not necessary to implead the sons and daughters into the plaint. He said it is enough to show all the sons and daughters as petitioners and respondents in the petition praying for final decree. The judge and the defendant side lawyers are silent. I spoke to our lawyer, but he is not sure. 

So, I posted the above query. 

So the basic question is can anybody be shown as petitioner or respondent in a petition filed under a civil suit, without first impleading him as plaintiff or defendant and amending the plaint? 

Whether all the petitioners and respondents in a petition filed under a civil suit necessarily have to be plaintiffs and defendants in the civil suit? 

Thank you very much. 

After preliminary decree is granted in a partition suit, there is no limitation to file an application for passing of final decree. 

Similarly, if plaintiffs or defendants die after preliminary decree is granted in a partition suit, there is no limitation to file applications to bring their legal representatives on record. 

If the plaintiffs or defendants die after preliminary decree is granted in a partition suit, the suit does not abate, even if their legal representatives are not brought on record. 

I could not find judgments dealing with the specific issue of amendment of plaint raised in your query. However, there are judgments saying that the plaint can be amended after preliminary dceree is granted, if there are valid reasons. 

Baijnath Ram And Ors vs Mt. Tunkowati Kuer And Ors on 15 February, 1962

AIR 1962 PAT 285

Patna High Court

Ramanathan Chetty vs Alagappa Chetty And Ors on 7 November, 1929

AIR 1930 MADRAS 628

Madras High Court

The above two judgments deal with some issues after preliminary decree was granted in a partition suit. They deal with CPC Order 22 Rule 3 and Rule 4 and other rules, which deal with the death of plaintiffs and defendants and other issues. 

However, the above judgments do not deal with your specific issue of whether the plaint should be or should not be amended, if the plaintiffs and defendants die after preliminary decree is granted in a partition suit. 

I feel the plaint should be amended. It is done in many Courts to the extent I know. 

However, there were conflicting judgments on issues after preliminary decree is passed. So, if the plaintiff side lawyer is confused by the conflicting judgments, he is not entirely at fault. 

However, to conclude, the plaintiff side lawyer in your case is not justified in saying that there is no need to amend the plaint. I feel the judge and the defendant side lawyer should insist on amending the plaint to bring the legal representatives of all plaintiffs and defendants on record. Issues such as limitation and abatement will not come in the way. 

If the plaintiff side lawyer refuses to amend the plaint, please approach the High Court or appropriate Court and stay the proceedings on the ground that due procedures are not being followed. 

The matter, admittedly, is before the Court. You can file your objection if so advised.

Respected Advocates,

Thank you very much for your answers to my query. 

It is pertinent that the plaintiff side lawyer to take steps to file a petition to implead the LRs of deceased plaintiff as well as defendants.

The plaintiff side lawyer cannot prevail upon the court with such misguiding procedures of law.

You are required to file an objection citing the relevant provisions of law which mandates impleadment of LTs of deceased parties to the suit in your counter to the petition filed by them and remain firm 

Let the court take decision after proper scrutiny of papers and perusal of law.

Respected Advocate Sir, 

Thank you very much for your answer to my query. 

Which provisions of law mandate impleadment of sons and daughters of plaintiffs and defendants? 

CPC Order 22 Rule 3 and Rule 4 ? Or, do any other provisions mandate impleadment? 

The provisions of CPC under 22 rule 3 & 4 respectively.

Hi Mr. Das, let me quickly summarise your solution here:

In a partition suit where a preliminary decree has been passed, if all original plaintiffs and defendants have subsequently deceased, their legal representatives (LRs) must be impleaded through an amendment petition before proceeding with the final decree. The contention that impleadment is unnecessary is legally flawed, as per Order 22, Rule 3 & Rule 4 of the CPC, which mandates substitution of LRs for deceased parties.

A final decree petition cannot introduce new petitioners or respondents without first impleading them as plaintiffs or defendants. The suit does not abate due to the death of parties post-preliminary decree, but procedural compliance requires that all successors be formally brought on record. If the plaintiff’s lawyer refuses to amend the plaint, the opposing party may file an objection and seek a stay from a higher court on the grounds of procedural non-compliance.

For further legal consultation, contact me at adv.vishesh@icloud.com.

Respected Advocates, 

Thank you very much for your answers to my query.