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mohit   18 September 2020

substitution

if objectors advocate or lrs did not tell about death of objector in 90 days can objects claim under order 22 rule 58 can dismiss or not?


Learning

 5 Replies

Law Point   18 September 2020

objector claim is yet to be admitted or not?? if not then if such objector's demise is not recorded even after the due knowledge then such claim can be dismissed under limitation act and small correction buddy its order 21 rule 58.. just go through limitation act and procedure will be same as abetment of suit. Just produce death certificate with list of documents under order 13

mohit   18 September 2020

yeah sorry it's order 21 rule 58. same procedure is execution petition because objector claim has raised in execution petition and objector is no more and advocate of objector did not tell to court

Law Point   18 September 2020

Yes surely then you can move for abetment and same procedure move an application with leave to produce document and list of documents include original death certificate of objector but there are limitation extension orders of relative territorial jurisdiction of High Courts due to covid .

mohit   18 September 2020

thanks for the help

Dr J C Vashista (Advocate)     19 September 2020

The executing court shall adjudicate the objection before further proceeding.


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