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?
A.Dear Sir,
Yes, but he must know that fact.
Yes, but he must know that fact.
Helpful
Helpful
Share
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.
If you find the answer helpful then kindly rate me,
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.
If you find the answer helpful then kindly rate me,
Helpful
Helpful
Share
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.
If you find my answer helpful then kindly rate me.
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.
If you find my answer helpful then kindly rate me.
Helpful
Helpful
Share
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.
Helpful
Helpful
Share
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.
or
your family will inform your lawyer first that you expired.
Because he have to immediately inform the court abt your expiry.
Helpful
Helpful
Share
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.
Helpful
Helpful
Share
Read Related Answers
Tree near boundary
Dear Client,
It is advisable to discuss the issue with your neighbor and try to solve it amicably. If it's not resolved through verbal request, then you can send a legal notice and demand them to make...
Property way dispute
Dear Client,
You need to adhere to the schedule of the property as mentioned in the Sale Deed. As per the sale deed, you are entitled to the common passage area of 9 feet passage. However, suppose the...
Suit for Declaration Clarification
Dear Client,
Chapter VI of the Specific Relief Act 1963 provides for Declaratory Decrees under Section 34 of the Act. Any person entitled to any legal character, or to any right as to any property, ma...
Regarding Preamtion
Dear Client,
We would require more details to precisely answer your question on pre-emption rights. In case, a sale deed is executed for the properties in which you hold shares without your consent, t...
Building house on land assigned for shop
Dear Client,
Generally, it is illegal to construct a house on the land granted for commercial activities or vice-versa without the permission of the local authorities. We would require more details on...
Read Blogs on Civil
Civil Lawyers
Find Lawyers by Location
