Declaration of civil death

Querist : Anonymous (Querist) 16 October 2011 This query is : Resolved
I have filed suit for declaration of civil death in civil court. in the said suit i have made the deceased person and the state a parties to the suit. the court asked me question that deceased person is a party is ok but why state is a necessary party to the said suit?? and in such type of suits notice u/s 80 is madatory??

just explanation needed???

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ajay sethi (Expert) 16 October 2011
www.lawyersclubindia.com/experts/Civil-death/61066

please see the baove thread wherein experts have opined that state is a necessary party

ajay sethi (Expert) 16 October 2011
www.lawyersclubindia.com/experts/Civil-death/61066

Raj Kumar Makkad (Expert) 16 October 2011
Neither any civil suit can be filed against a dead person nor State is concerned with death of any citizen.

Your both defendants are meaningless and your suit may be dismissed on this ground at last. Better you withdraw it citing technical reason with permission to file fresh suit and then make General Public as the sole defendant. paper publication against GP shall be made.

prabhakar singh (Expert) 16 October 2011
The Evidence Act itself raises a presumption of 'civil death' in such circumstances,when you say that the person is dead how can you array him a party?
What cause of action you have then against state??Is state is denying any right arising out of that 'civil death'

What is the reason you want the declaration?

If notice under section 80 was not given and 'deemed deceased 'is also party ,the suit may be withdrawn on these two technical grounds of defect with liberty to file a fresh suit.

After withdrawal you must think over peacefully why such a declaration is needed
that will give you clue to whom array as party and to whom not.