My father had filed a malicious prosecution case against a company for filing a false criminal case, in the trial court the judgement was against my father hence my father filed the I st appeal in the high court and while the appeal is pending my father has passed away. I approached my father’s lawyer and informed him about the same and gave him the copy of death certificate of my father and informed him to implead me and my family members as the legal heir’s of my father for proper prosecution of case but he informed that it is not necessary right now and it can be done at the time when the appeal is heard is this correct or we need to file the necessary petition to implead ourselves right now itself.
I would like to state further the facts mentioned in the plaint of the malicious prosecution suit that due to the false criminal case filed by the company on my father .We the legal heirs have all suffered in varying degrees. My father was not able to perform my sister's marriage, my elder brother could not complete his education, my mother had to sell all her jewellery to bear the costs to defend my father from criminal prosecution and I suffered by not getting enough resources to go to a good college and above all everyone of us have suffered mental agony at the hand of the police and the complainant.are these ground enough for us to be impleaded as legal heir’s in the malicious prosecution suit.Please give advice.
