DISTINCTION BETWEEN DEATH OF PLAINTIFF AND DEFENDANT DURING PENDENCY OF INJUNCTION

DISTINCTION BETWEEN DEATH OF PLAINTIFF AND DEFENDANT DURING PENDENCY OF INJUNCTION https://www.taxtmi.com/article/detailed?id=12583 Injunction rights operate against defendants and, when a plaintiff seeking possession dies, the cause of action for a prohibitory injunction does not automatically abate; it may survive to legal representatives who can enjoy the relief. Factual questions of disinheritance, the effect of competing wills, entitlement to possession, and proper impleadment of parties are matters for trial; a summary finding of abatement without addressing those merits is inadequate. en-us Thu, 02 May 2024 19:00:51 +0530 Thu, 02 May 2024 19:00:51 +0530 TaxTMI RSS Generator DISTINCTION BETWEEN DEATH OF PLAINTIFF AND DEFENDANT DURING PENDENCY OF INJUNCTION https://www.taxtmi.com/article/detailed?id=12583 Injunction rights operate against defendants and, when a plaintiff seeking possession dies, the cause of action for a prohibitory injunction does not automatically abate; it may survive to legal representatives who can enjoy the relief. Factual questions of disinheritance, the effect of competing wills, entitlement to possession, and proper impleadment of parties are matters for trial; a summary finding of abatement without addressing those merits is inadequate. Articles Other Topics Thu, 02 May 2024 19:00:51 +0530 https://www.taxtmi.com/article/detailed?id=12583