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UTTAM (A)     18 August 2013

Partially abated suit dismissed for default

7 Plaintiffs(relatives) jointly file a single suit to claim adverse possession in 1994. Plaintiff No-7 died during Dec-2003 however his Legal heirs(sons & daughters) were not brought on records. The suit continued till 6 more years. However on July 2010 that suit was dismissed for default due to non-appearance of plaintiffs.

Remaining Plaintiff File Misc Case (ORDER 9 Rule 9 of CPC) for restoration of dismissed for default on sufficient cause. 

Question : Is it possible to restore that suit without making any substitution of LR of deceased plaintiffs no.7.?



 1 Replies

adv.raghavan (Advocate,9444674980)     18 August 2013

no u have to include LR OF THE DECEASED PLAINTIFF.


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