Legal remedy when person filing case passes away before 1st hearing

Question

Legal remedy when person filing case passes away before 1st hearing

14-Jan-2023 (In Civil Law)

Back some years my father gave 2lack rupees to someone known. But he didn't returned it for long time. So my father booked a case against him. But unfortunately before some days my father passed away. First hearing is coming 3days after. Wht shld I do.( Faujdari case)

Answers (2)

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Advocate Abhay Rajesh Gupta LawRato · Accepted Answer · 2018-01-16T19:09:33+05:30

Answer #1

1. Firstly , Checked-out any power of attorney regarding the hand-over case . 2. Secondly , If not then if your mother is alive then she make a power of attorney to hand-over to you (son) the said case on behalf of your deceased father . 3. Any other information regarding the said procedure , You can contact with me through LawRato by clicking on phone consultation of 30 min .

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Advocate Amarendra Sinha LawRato · Accepted Answer · 2018-01-19T16:38:56+05:30

Answer #2

In this matter where the plaintiff in a suit of recovery of money passes away before the commencement of suit and or judgement in the said suit, the legal heir can file application for leave of court to become and act as and on behalf of deceased plaintiff. He based on the merit of case obtain judgement and entitled for recovery of amount.

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