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Plaintiff died family filed application to bring LRs


22-Mar-2023 (In Property Law)

Order 22 Rule 3 of CPC

Sole Plaintiff died. dispute is regarding house property. His wife and children have filed application to bring LRs of deceased. whether suit survives on same cause of action to the LRs of deceased ?

Answers (3)

Answer #1
639 votes
a civil dispute will continue even if the original party dies, his LR's can continue to prosecute the suit even after his death on the same cause of action.
His wife and children being his LR's can prosecute the case.

Answer #2
743 votes
Dear Sir/Madam, suit is maintainable and to contest the said suit by legal heirs of deceased plaintiff. It is admissible in law. There is no question arise for cause of action, the cause of action was arose when the plaintiff was filed against the defendants, that cause of action will continued on the legal heirs.
Answer #3
709 votes
yes as the suit filed by the plaintiff is with regard to property house as such his wife and children are entitle to continue the suit as LRs of deceased and the suit also survives. and they can continue to defend the same as the plaintiff

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