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anthoni selvam   26 September 2021

Petitioner died

While civil case on, partition is filed by four family member against one elder brother, the first petitioner died what will happen to case proceedings? Is Case quashed or second petitioner can proceed with the case filed?


 4 Replies

Pradipta Nath (Advocate)     26 September 2021

It will be abated. But before applying for passing necessary order, please wait till any legal representatives comes before the court and pray for inclusion of their name in place of the deceased person for having interest over the suit.
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Shubham Bhardwaj (Advocate)     26 September 2021

Dear Mr Selvam, In a civil suit, the case abates only if right to sue does not survive. Your case is a partition suit thus after death of a plaintiff the suit will not abate as the right to sue survives in a property case. Therefore, the case will proceed as normally with other Plaintiffs. Further, even with regard to the Plaintiff who has died, the legal heir of dead plaintiff can be joined in the suit and they can represent the dead plaintiff. Please refer Order XXII Code of Civil Procedure. Regards Shubham Bhardwaj (Advocate) District & Session Court, Chandigarh Punjab & Haryana High Court, at Chandigarh Disclaimer:- Opinion is only for guidance.
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anthoni selvam   26 September 2021

Thanka a lot Sir for prompt reply both to Bhardwaj Ji and Nath ji.

Shashi Dhara   26 September 2021

If first plaintiff dies then other plaintiffs can submit lrs names to court .
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