Company x is declared sick in 1994. Bank ‘A’ files suit against deceased guarantor X and otrs in 2005 without impleading legal representatives - obtains decree in high court. Is this a valid? Can bank approach legal representatives now in 2018?
suit cannot be filed against dead person
2)The Orissa High Court in Cuttack Municipality v. Shyamsunder Behera, , took the view that a suit against dead person would be a nullity and it is impermissible to substitute the legal representatives at a later stage.
3)decree would not be valid
4) bank cannot now approach the legal representatives to recover loan amount
Dear friend,
1. Any decree against the dead person is void and cannot proceed against the legal representatives of the deceased.
2. Issue a legal notice to the bankers for damages for having mislead the Court and obtaining a decree, it even amounts to contempt of court
3. Be assured.
Hello,
No suit lies against a dead person, the same has been reiterated by the Hon'ble Supreme Court time and again.
Any decree thereof will be invalid and will have no legal sanctity.
Bank now can not approach the legal representative of the deceased.
Regards
yes bank can approach legal representatives. But this is not clear how ban obtained decree against deceased person. Either bank did not appraise the court about it, if this is the situation court should be made aware of it, you can file application in the court, bank has not come with clean hands in front of the court.
1. No suit can be filed against a dead person as he is incapable of defending himself in the proceedings. Hence, there is no question of impleading his legal representatives either.
2. If a decree has been passed in a suit which was filed against a dead person then the legal representatives of the judgment debtor (i.e deceased person) can file a suit to seek a declaration that the decree is void as it was obtained by fraud.
Dear Client,
It is not only illegal but suffer from defect. No court can proceed/pass order against the deceased.
What court order reads ?
When guarantor died while case was pending or suit filed after his death ?
At what stage case was ?
This suit could not have been maintained against a dead person.
Not only this suit is nullity, but everything that followed therefrom is also a nullity.
Thus, on the strength of the decision given by the Court in the present suit,the liability of the legal heirs of the deceased cannot be fixed.
How was the decree obtained against the deceased , whether showing the guarantor as deceased or by suppressing the fact?
The LRs should challenge the same on maintainability especially when the bank as fought against a dead person.
Not valid.bank cannot approach legal heirs
