Jagadeesh 03 October 2024
In my case, the Plaintiff passed away on 10-08-2024, and the ex-parte injunction was extended on 27-08-2024 and 01-10-2024. A memo was submitted reporting the Plaintiff’s death, but no legal heirs were added as per Order 22, Rule 3 CPC. The affidavits were filed by the Plaintiff's advocate. Is this legally valid? Additionally, there was non-service of summons and suppression of material facts. Should the injunction be vacated?
T. Kalaiselvan, Advocate (Advocate) 03 October 2024
You take action to vacate the injunction by filing appropriate petition and in the meantime you can strongly object before the court to the memo filed seeking extension of exparte injunction orders for the reasons you have stated here.
Real Soul.... (LEGAL) 04 October 2024
If the Plaintiff is dead and the LR's are not bought on record within the time limit the suit abates and should be dismissed, it is the Plaintiff who filed the suit and if his LR's don wan to continue then suit dismisses suo moto,.You should press for dismissal
P. Venu (Advocate) 04 October 2024
"The affidavits were filed by the Plaintiff's advocate" What is the context in which the alleged affidavit has been filed? A memo does not require any supporting affidavit,
Article 120 of the Limitation Act presrcibes period of limitation of 90 days for the representatives of the deceased plaintiff to get impleaded.
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