What if women Plaintif died in civil case
10 months ago
A widow women is filed a case against brothers seeking for a partition in her ancestral property ,If she dies when is case is running in court will case dismissed ? Would her children can't continue the case? Please answer thanks in advance for your valuable reply.
A.Hello Client,
Where the sole plaintiff dies, the suit will not abate/dismissed, if the right to sue survives. It can be continued by the heirs and legal representatives of the deceased plaintiff. If the right to sue does not survive, the suit will come to an end.
Where the plaintiff dies after hearing and before pronouncement of judgment, the suit shall not abate/dismissed. The same principle will apply in case of death of the plaintiff after passing of preliminary decree and before final decree.
Once the final decree is passed, the rights of the parties are adjudicated and the question is only of execution of the decree. The provisions relating to abatement/dismissal do not apply to execution proceedings; they, however, apply to appeals.
In your circumstances, in case of your mother's demise, her legal heirs i.e. you and your siblings will get 90 days time to file a petition stating that you want to continue with the suit.
Thanks & Regards
Where the sole plaintiff dies, the suit will not abate/dismissed, if the right to sue survives. It can be continued by the heirs and legal representatives of the deceased plaintiff. If the right to sue does not survive, the suit will come to an end.
Where the plaintiff dies after hearing and before pronouncement of judgment, the suit shall not abate/dismissed. The same principle will apply in case of death of the plaintiff after passing of preliminary decree and before final decree.
Once the final decree is passed, the rights of the parties are adjudicated and the question is only of execution of the decree. The provisions relating to abatement/dismissal do not apply to execution proceedings; they, however, apply to appeals.
In your circumstances, in case of your mother's demise, her legal heirs i.e. you and your siblings will get 90 days time to file a petition stating that you want to continue with the suit.
Thanks & Regards
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A.Dear Sir,
On the death of Plaintiff who filed partition suit her children will become legal heirs of their deceased mother and continue the suit against brother’s of the deceased. Suit cannot be dismissed on the death of such person.
On the death of Plaintiff who filed partition suit her children will become legal heirs of their deceased mother and continue the suit against brother’s of the deceased. Suit cannot be dismissed on the death of such person.
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A.When a plaintiff dies while the matter is subjudiced which means the case is going on then a substitution application has to be filed by the legal heirs ( children in this case) to represent in the case. In case the children are minor then some one from the relatives can represent them in the case
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