Upgrad LLM

civil case withdrawal due to death of party


Dear members,

My father filed a suit against our neighbour about disputed boundary. After the case progressed a bit, he became ill and subsequently died. Now we want to withdraw the case because of financial issues. What is the simplest procedure to withdraw the case?

Our advocate suggests my mother to become party in place of my deceased father so that he can appeal for withdrawal of the case. Is it really required for my mother to become the party or we can withdraw it appearing as the legal heir of my father?

I am really young to handle a civil suit and desperately need it to be withdrawn. Your advice will be appreciated. Thank you.

 
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barrister

When the sole party dies, the court will wait for the lrs to enter. The time limit for this is 3 months. If there is no one to contest, the suit just abates. So imo there is no need for your mother to implead for withdrawing the case.
 
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