Legal Question in Civil Rights Law in Pakistan
Libel Suit: Filed suit against Newspaper Editor, Printer & Publisher for defamation. After conclusion of hearings and submission of final arguments Defendants Counsel moved and interlocutory application in the court to struck off Newspaper Editor, Printer & Publisher as defendants from the Plaint since they are dead. Suit was not filed against Newspaper Editor, Printer & Publisher by name and they were not made personally liable. How to tackle the issue. Please advise.
3 Answers from Attorneys
in both the situations where right to sue survives or right to sue does not survive the statutory law says:
QUOTE:
Where one of two or more defendants dies and the right to sue does not survive
against the surviving defendant or defendants alone [or on receipt of an intimation of the
death of such defendant from the person nominated by him for that purpose under rule 13,
Order VIII] or a sole defendant or sole surviving defendant dies and the right to sue survives
the Court on an application made in that behalf, shall cause the legal representative of the
deceased defendant to made a party and shall proceed with the suit.
Reasonable answer is given by worthy Sheikh Mohammad Akram Nazir so i have no answer here.
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