Gurshabad Singh 07 May 2024
P. Venu (Advocate) 07 May 2024
The query is short of material facts. Please post the complete facts.
Gurshabad Singh 07 May 2024
T. Kalaiselvan, Advocate (Advocate) 07 May 2024
The LRs of the deceased defendant can file a petition to implead them as necessary parties to continue the case on behalf of the deceased defendant and can file a petition to set aside the exparte order once they are impleaded as legal representatives of the deceased defendant .
Dr. J C Vashista (Advocate ) 08 May 2024
Yes, LR of deceased defendant may substitute him.
Advocate Bhartesh goyal (advocate) 08 May 2024
LRs of deceased defendant can file petition for impleadment to them in suit in place of his deceased father and also pray to set aside ex--partr order.
Gurshabad Singh 08 May 2024
T. Kalaiselvan, Advocate (Advocate) 08 May 2024
This is position of law, you don't require any judgment to enforce legal provisions applicable to this situation.
The court cannot deny to entertain your petition seeking the relief of getting impleaded as legal representative of the deceased and to continue the case in the place of the deceased party to the suit
Dr. J C Vashista (Advocate ) 10 May 2024
I agree with learned senior expert Mr. T Kalasielvan, it is law, which do not require any citation.
Shashi Dhara 11 May 2024
If defendant is dead and exparte it is plaintiffs duty to inform the court and to bring LRS on record if he don't inform and obtains decree on deceased person he cannot excute it, if he has got decree before defendant death, he has to file FDP or execution on dead person then challenge it.