The original appellant (now deceased) was represented by her son ...

Legal Heirs Can Continue Injunction Suit Post-Plaintiff's Death by Establishing Legitimate Property Claim.

April 30, 2024

Case Laws     Indian Laws     HC

The original appellant (now deceased) was represented by her son as her legal representative. The suit initially sought a permanent prohibitory injunction regarding a property, asserting her exclusive ownership and possession against the defendants, who are other family members. - Upon the death of the original appellant, her son sought to substitute himself as the appellant, claiming inheritance rights. - The Court noted the difference in scenarios where the plaintiff versus the defendant dies. While an injunction becomes moot if a defendant dies (since it cannot bind the heirs unless explicitly directed), the same does not apply when a plaintiff dies. - The High Court held that the cause of action for an injunction does not necessarily die with the plaintiff. If the legal heirs can establish a legitimate claim to the property, they may continue to seek injunctions to protect their possession.

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