Maintainability of suit if plaintiff dies before filing of the suit

Question

Maintainability of suit if plaintiff dies before filing of the suit

22-Nov-2023 (In Civil Law)

Whether suit is maintainable where plaintiff was died before filing of such suit. In this suit, plaintiff no.1 was died before filing of this suit. At the time of filing of such suit, the advocate for plaintiffs has taken signature to plaintiff from defendant person as signature of deceased person who is arrayed as plaintiff no.1. is it amounts act of criminal nature.

Answers (2)

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Advocate Samyak Raj LawRato · Accepted Answer · 2017-11-26T15:41:19+05:30

Answer #1

Firstly as you state that the suit has not yet been filed even then you can appropriately amend the suit to remove plaintiff no.1 from the list of plaintiffs. However if the suit has already been filed then you need to file an application under order 22 rule 2 of CPC informing the court that the right to sue survives and also give information about the death of plaintiff no. 1 under order 22 rule 10A. After that move an application under order 1 rule 10 of CPC to strike out the name of plaintiff no. 1.

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Advocate Roopashree R. A. LawRato · Accepted Answer · 2017-12-06T18:26:11+05:30

Answer #2

Hello, If before filing of the suit plaintiff dies and advocate has taken signatures then he will have to prepare a fresh plaint with getting lrs of the plaintiff. If someone else has signed as plaintiff then it amounts to criminal offence and will be punished for the same.

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Adv. Roopashree R. A. Adv. Roopashree R. A.

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