How to proceed in case defendant dies before final judgment.


My defendant F.Mandal was absent for 30 hearings. Expartee order was declared against my Title suit. Before a week of the date of argument or final judgement my defendant is died. What should I do?


Answers (3)

Let's assume you get the decree in the suit, but such decree shall remain non executable against the dead person, hence the deceased defendant must be substituted by the legal heirs otherwise, you shall be in trouble in future having a non est decree in hand. Hence take steps for substitution of the deceased person. All the best. Regards.


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generally you have to inform this in the court, but without seeing all the documents and knowing the condition of the case, it is not possible to advice you correctly and accurately. it is better advised to you to have a face to face interaction with any advocate about the matter.

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