bklawnlegal (Associate Advocate) 14 July 2011
Dear all,
Is there any provision in cpc to ask the court to sine dine the matter, as the defendant has died and the lr's of the def are not traceable. If there is no provision for sine dine, then how to convince the court to sine dine the matter in case court is refusing to do so. Please give referance aof ny high court or supreme court judgement in favour of sine dine of a matter on the above stated issue.
VIRAJ KADAM (Advocate Supreme Court of India) 14 July 2011
Dear Friend
You are stuck in very critical situation. If the defendant had died and if the nature of the suit is such that it is not maintainable against his legal heirs then your Suit is infructuous. It would get dismiss. However, the prayers can survive the test of maintainability, in that case you can request the Court to adjourn the matter sine-die.
Regards
VIRAJ KADAM
Advocate Supreme Court of India
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