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What happens when both plaintiff and defendant are dead?
14-Dec-2023 (In Civil Law)
on 12 December 2017 1)In 1987 my grandfather got court decree for 1 acre land. 2)1988 my grandfather implemented and mutation and got land passbooks&title deed. 3)Later my grandfather land give to my father . Later my father given to me.am cultivating that land . 4)In court 1987 My grandfather is plaintiff. Other person is defendant.Defendant person absent for Court 4 times in 1987.then court given decree.5)But In court decree and defendant father name written wrongly example --defendant father is but in court decree is written.6) Both plaintiff and defendant is died right now.. Defendant sons are there persent. Defendant sons can appeal for Court ex-parti decree right now..
You have not mentioned what names were impleaded as defendants and what mistakes had taken palce now i assume that there was only spelling mistake so, There was bonafide mistake so far as name was concerned one thing was certain that summons was duly served and they did not bother about suit niether appeared nor even asked to correct name or they failed to come and say i m not right person....second defendants were same against whom your grandfather filed suit so there must be some conflict of right title interest in property against the very defendants so they have to come and say but they failed they can file appeal against exparte decree but sheer negligence and delay so you will win moreoever decree was acted upon owners are changed so dont worry
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Adv. Khalid Pathan
Vadodara | 25+ Answers
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