Legal Question in Civil Rights Law in India

A SUIT WAS FILED IN A SESSIONS COURT BY MR. A ( POWER OF ATTORNEY HOLDER OF 10 CO-OWNERS OF PROPERTY) AND 10 OTHERS AS PLAINTIFFS, IN 2011. THE POWER OF ATTORNEY HAD BEEN EXECUTED IN 1992-93. NOW IN DEC.2012 HON'BLE COURT HAS BEEN INFORMED BY THE DEFENDANTS THAT THREE OF THE PLAINTIFFS WERE NOT ALIVE ON DATE OF FILING SUIT. THIS FACT WAS CONCEALED BY MR.A, THE POWER OF ATTORNEY HOLDER, BUT NOW HE HAS SUBMITTED AN APPLICATION FOR SUBSTITUTION FOR THE DECEASED PLAINTIFFS. THE DEFENDANT HAS PRAYED THAT THE SUIT BE TREATED AS NULL & VOID AB-INITIO. PLEASE ADVISE AND REFER ANY RULINGS ON THIS ASPECT.

In the above matter, please advise whether in a suit for recovery of arrears of rent & eviction for the immovable property filed by 10 plaintiffs as co-owners of the property, the decree if any passed, will be divisible amongst the plaintiffs or not.


Asked on 3/14/13, 11:40 am

3 Answer from Attorneys
Jayesh Desai Jayesh Desai

As long as one plaintiff was alive on the date of the Suit, who would be entitled to claim rent, the suit would survive. How they divide between them is none of your concern.

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Answered on 3/15/13, 2:54 am


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