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K. SURESH REDDY
Augutu Pedda Naganna – Appellant
Versus
B. Naga Ratnamma alias Ratnamma – Respondent
ORDER :
(K. Suresh Reddy, J.)
Questioning the order dated 30.11.2023 passed by the Additional Senior Civil Judge, Kurnool in I.A.No.446 of 2023 in OS No.256 of 2018 allowing the L.R. application filed under Order XXII Rule 3 of CPC, present civil revision petition is filed by the Legal representatives of the 5th defendant.
2. Heard Sri Challa Siva Sankar, learned counsel for the petitioners and Sri Vivekananda Virupaksha, learned counsel for the respondent Nos.2 and 3.
3. Brief facts of the case are that, the plaintiff, who is the mother of Respondent Nos.2 and 3 herein, filed a suit against the father of the petitioners herein and five others, for declaration of title and for consequential relief of permanent injunction restraining defendant Nos.1 to 4 from deleting the entries in ROR, pattedar pass books and title deeds with regard to the plaint schedule property. During the pendency of the suit, the sole plaintiff died on 07.05.2023. Thereafter, respondent Nos.2 and 3 herein filed I.A.No.446 of 2023 under Order XXII Rule 3 CPC seeking to implead them as legal representatives of the deceased sole plaintiff. After hearing both sides, the said petition was allowed and respondent Nos.2
The death certificate is sufficient for legal representative applications under Order XXII Rule 3 CPC; no family member certificate is required.
A preliminary decree in a partition suit prevents abatement, and counsel's failure to report deaths does not impede the legal process for bringing in representatives, as established by Order XXII Rul....
A party must produce original documents such as a 'Will' to substantiate their claim for legal representation in a proceeding; failure leads to dismissal of the application.
Legal representatives of a deceased plaintiff can be brought on record under Order XXII Rule 3 of the Code of Civil Procedure even before the suit is numbered, as the suit is deemed to commence with ....
Determination of legal representatives under Order 22, Rule 5 CPC is limited to ongoing proceedings and does not confer property rights among rival claimants.
The Court emphasized the necessity of document production under Section 75 of the Civil Rules of Practice to ascertain the truth regarding the Legal Heir Certificate, allowing the Civil Revision Peti....
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