whether a suit filed against a dead person is non est and whether that
dead person impleaded could be substituted by his heirs and legal
held that the suit filed by the plaintiff against a dead person is a nullity
so was dismissed.
8. Learned counsel for the respondent with ... proviso to Section 21 of the Limitation Act, mistake
of impleading dead person was permitted to be corrected by filing an
application for substitution subject
highest bid and thereafter issued a letter of confirmation to another person. The Authorised Officer along with Goondas, Police and Advocate Commissioner came ... without disclosing the true facts and suppressing material particulars and impleading a dead person obtained an order, filed this writ petition challenging the order dated
record it appears that respondent no.2 Abdul Lateef, who was impleaded as defendant no.1 in rent case no.39 of 1988 died ... have arisen for the reason that writ petition was filed impleading a dead person and therefore, so far as such a person is concerned
Gian Chand, the sole
proprietor died on 1.6.2008. Respondent No.2 without impleading the legal
representatives of the deceased Gian Chand filed execution and moved ... inherently defective as the same was filed against the dead
person without impleading his legal representatives, therefore, they could
not be summoned by the court
regard to effecting
service or filing a partition application against dead persons without
impleading the L.Rs. are involved, it would be appropriate
respondent no. 4 after their impleadment as respondents raising
preliminary objections that the petition was filed against dead person
Mr. Madan Lal who expired before ... which was allowed and, thus, the plea raised
that a dead person was impleaded has no merits.
12. It is further stated that
rejected the
application against the dead person Natarajan and returned the
application filed to implead the legal heirs of the deceased Natarajan
passed against the petitioner. As regards the initiation of proceedings against dead person, it is a question to be determined by the quasi judicial authority ... always open to the respondent No.2 to implead legal representatives of the dead person or to proceed against guarantors alone, as the liability
decided against dead person, therefore, it is a nullity. It was also contended that the petitioners ought to have been substituted, alternatively, impleaded as respondents ... decided against a dead person. The legal position as laid down by this Court in the cases of Aziz Mohammad (Dead) (Supra) has also