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Can a Deceased Person's Lawsuit Automatically Be Terminated?


17-Nov-2023 (In Civil Law)
In ref. to Eviction suit, when a defendant dies will the case will be dismissed? If not what a defendant hier is supposed to do
Answers (3)

Answer #1
790 votes
No, the legal heir of the deceased defendant should be bought into the records relating to the suit before the court. So you should file an application to bring the legal representative on record. Do the needful

Answer #2
738 votes
No. if defendant dies suit will not be dismissed, suit will be abetted. You will have to bring the legal heirs of the deceased.
To bring the legal heirs on record you will have to file an application u/o 22 r 4 of CPC
Answer #3
855 votes
The Petitioner will have to file an application to bring the legal representatives of the Defendant on record.
Once the application is allowed, Court will issue summons on the LR’s to appear before the Court and contest the matter.

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