KUMUD LALL versus SURESH CHANDRA ROY (DEAD) THROUGH LRS AND OTHERS

Issue for consideration

Issue arose whether, upon death of the doctor during pendency of proceedings at appellate stage, the legal heirs can be impleaded and held liable for the alleged act of medical negligence of the deceased doctor, and if yes, then to Act, 1986 – ss.13(7), 2(b)(v) – Consumer Protection Act, 2019 – ss.38(12), 2(5)(vi) – Succession Act, 1925 – s.306 – Legal Representatives Suits Act, 1855 – Code of Civil Procedure, 1908 – Ord. 22, r.4 – Continuation of ‘right to