Whether the withdrawal of one of the petitioners will dispose of case

911 votes

If the suit is filed by your mother and her brother and her brother wants to withdraw the suit, your mother have right to continue if your mother file an affidavit before the concerned court and the suit is continued. In this context you can take advice from your advocate who is contested on you behalf, he will take care by filing a Petition in the event of your mother strictly ready to contest the suit even in the absence of her brother. Or your advocate can file a petition stating the said fact to the Court.

Advocate Goturu Krishna Rao LawRato

525 votes

Yes. Suit cannot be withdrawn by one plaintiff. Your uncle cannot just withdraw the suit. Yours mother claim still subsists. Court cannot permit withdrawal of suit by one plaintiff. Withdrawal usually requires presence of both plaintiffs.

Advocate M Krishna Chaitanya LawRato

501 votes

usually all persons in the partition suit are treated as seperate plaintiffs and your mother got a right to transpose the other party to the defendant by filing necessary applications so do the needfull within time

Advocate Innamuri Balasubramanyam LawRato

813 votes

You have to apply to court under order 1 CPC for continuation of case, as subsisting cause of action. Consult with all material papers. Which court the case is pending and what is the case status. based on which, we will advise further course of action to be adopted.

Advocate Naveen Kumar Ahir LawRato