TANAJI JAMDADE (LAWYER) 20 September 2024

Steps against legal representative of defendant

I have one querry regarding the steps against the legal representatives? the concern plaintiff not known the names of the legal representatives of the defendant. The death of defendant is intimates by the other defendant. what is the provision when the legal heirs of defendant not known to plaintiff?

whether court has powers to direct other defendant to ask them to give names of legal heirs of defendant?

pls guide me

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T. Kalaiselvan, Advocate (Advocate) 20 September 2024

If the legal representatives (LRs) of a deceased defendant are not known to the plaintiff, an application to bring them on record can be made under Order 22 of the Civil Procedure Code. This application must be made within 90 days of the deceased's death.

However, the Supreme Court has ruled that a suit will not be abated if the estate of the deceased defendant was substantially represented by other defendants on record.

However the legal heirs of the deeased defendant are at liberty to file a petition to implead themselves in the suit filed by the plaintiff when they come to know about it at a later stage. But the plaintiff should file an application to dispense them from bringing on record the Legal Representatives of the deceased/defendants for the reasons that the particulars of the LRs are not available neither the other defendants are furnishing them.