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How can other representative continue the suit
01-Jul-2023 (In Civil Law)
When one of the several legal representative refuse to continue the pending suit filed by the deceased soul plaintiff what action can be taken by the other legal representative who are willing to continue the procedure.
any person who is a party to the suit, or is the legal representative of any party to the suit, if made a party after demise of the said original party, is given an opportunity to appear and contest the suit. However, if the said person choose not to appear, the suit will be heard in the absence of the said party as if the said party is appearing before the Ld. Court.
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Adv. Gunjan Shah
Kolkata | 100+ Answers
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Hello,
It depends on the nature of the suit. The name of the legal heirs should be supplemented. Though, to give you accurate advice I need to know few more details of the pending proceeding.
Thanks & Regards,
Pritha Basu
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Willing parties can file application under order 10 rule (2) of Civil procedure code for adding of the parties and the representative not willing to be plaintiff can either be proforma defendant or defendant in the said suit.
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Adv. Sunderjit Nanua
Kolkata | 25+ Answers
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Order 22 Rule 3 of Civil Procedure Code state the Procedure in case of death of one of several plaintiffs or sole plaintiff. Therefore, interested person can file petition with Affidavit under this provision.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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