Or. 21 R. 4(5) & O. I Rule.
1 - Petition for substitution of the legal representative filed without an
affidavit stating the reason for the delay is liable to be dismissed. The period
of limitation starts from the date of death and now from the knowledge of death.
Subsequent affidavit and petition after 6 years would not cure the
irregularities unless sufficient cause is shown. [State
of Kerala vs Madhavakurup Ramachandra Pillai. 1999(2) KLT 335.P.A.Mohammed &
S.Krishnan Unni.{JJ}]
Or. 21 R. 4(5) & O. I Rule.
1 - Petition for substitution of the legal representative filed without an
affidavit stating the reason for the delay is liable to be dismissed. The period
of limitation starts from the date of death and now from the knowledge of death.
Subsequent affidavit and petition after 6 years would not cure the
irregularities unless sufficient cause is shown. [State
of Kerala vs Madhavakurup Ramachandra Pillai. 1999(2) KLT 335.P.A.Mohammed &
S.Krishnan Unni.{JJ}]
Or. 22 Rule 4 - Court has power under the provision to exempt the plaintiff from the necessity of substituting the legal representatives of another defendant who has failed to file written statement or who having filed it had failed to appear and contest the suit. [ Paulose vs Thomas. 1999(2)KLT423.P.K.Balasubramayan{J}]
Order 22 Rule 1 - Contest as to who is the legal representative - Finding on the basis of the Will by the trial court will not operate as res judicata against the petitioner in any subsequent proceedings between the same parties or affect his claim in the probate proceedings with regard to the genuiness of the Will. [ Govindan Nair vs Muthiyil Kizhakkethil Janaki Amma . 2001 (1) KLJ 471 . K.A.Mohammed Shafi (J)]