Expiry of appellant during a case Expiry of appellant during a case

2 years ago

When the appellant expires during the progress of the case, is it not the duty of his lawyer to inform the court that the appellant has expired?

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Yes, but he must know that fact.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Yes, it is absolutely important to let the court know of the death or absence of his client by the court. It forms an unavoidable part of the factual matrix of the case.
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Anik

Responded 2 years ago

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A.Hi,
The duty of the ideal lawyer involves everything that has to do between the court and his client. Therefore informing the court of the death, cannot be overlooked.
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Abhimanyu Shandilya

Responded 2 years ago

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A.Yes, it is the duty of the lawyer to let the Court know that the Appellant has expired but only when the lawyer is aware about the fact. But even if the Appellant is dead that does not mean the case necessarily has to be dismissed.
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Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.Your lawyer comes daily in morning to check whether you are alive ?
or
your family will inform your lawyer first that you expired.

Because he have to immediately inform the court abt your expiry.
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Madhulika Bhatnagar

Responded 2 years ago

A.If you are aware of the appellant's death and the lawyer hasn't done anything, you may bring the fact to the attention of the court. You can also file an application through your lawyer for including the legal representatives of the appellant to the case.
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