Manmohan (Manager) 11 March 2013
Advocate Kishor Hajare (Advocate) 12 March 2013
Sir,
It is upto the descrition of the executing court, either to allow the substitution or re-send the suit back to the original court which has passed the decree for considering the application for substitution.
In the first parlance, the death of defendant should be brought before the original court and should be placed on record of the court.
It is to take note that, on re-sending the suit to the original court, the original court shall on placing the legal heirs of the deceased defendant on record, may consider any objections or statements of the legal heirs which may affect the decree granted previously.
It is advisable to co-ordinate with your advocate and at the earliest file the application of substitutiion and thereupon execution of decree against the legal heirs of deceased defendant.
Regards