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abhimanyu (nil)     11 August 2013

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In an ex-parte case, defendant has expired. The Plaintiff has come to know about that but does not have any proof. what should plaintiff do in this situation.



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 9 Replies

Suri.Sravan Kumar (senior)     12 August 2013

first ascertain and then file LR petition to implead LR's of Defendant.

adv.raghavan (Advocate,9444674980)     12 August 2013

u didnot inform us whether defendent dies during the course of legal proceeding, or died after the proceeding.

abhimanyu (nil)     12 August 2013

What is LR? Please advise.  Moreover, the case is fixed for plantiff evidence. 

abhimanyu (nil)     12 August 2013

The case is fixed for Plaintiff evidence.

adv.raghavan (Advocate,9444674980)     12 August 2013

i hope u have got expartie only in I.A proceeding,O.S. is still pending, correct me if i am wrong, in that case based on the information u have to file petition in the court about the death of the defendent and subsequent information should be sent to his legal reprensentative, asking for their impledment in this petition, failing on the above things, the case may be abated due to death of defendent.

abhimanyu (nil)     12 August 2013

I am sorry, I do not understand IA and OS. The case is concerned with declaration of some right against husband, who is no more. Lehal heirs have nothing to do with that right.

adv.raghavan (Advocate,9444674980)     12 August 2013

give me full details about the case, so that i can proceed further, donot give half information  and seek advice.

abhimanyu (nil)     12 August 2013

In an ex-parte case, defendant has expired. The Plaintiff has come to know about that but does not have any proof. what should plaintiff do in this situation, The case is fixed for plantiff evidence.  how should plaintiff inform court about death of defendant in the absence of any proof or document. Please advise, the case is for obtaining certain original documents from the Defendant, who is no more.

Sudhir Kumar, Advocate (Advocate)     22 August 2013

he should get proof of death to be placed before court.


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