pavan pavan (Employee) 03 January 2021

Case withdraw

Petitioner filed a case against us,but now responded is no more..now petitioner is ready to withdraw case..what's the process to close..

Note: respondents lawyer not ready enclose their family members to that case

Kindly provide the solution

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7 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 03 January 2021

Hello,

If petitioner wants to withdraw the case then he has to make simple application to withdraw the case. In civil cases petitioner has to bring legal heirs of respondents on record. It is not the duty of respondent's advocate duty to inform the legal heirs of repondents.

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Advocate Bhartesh goyal (advocate) 04 January 2021

Plaintiff/Petitioner can withdraw the suit at any stage of case by filing application under order 23 rule 1 of cpc.It is duty of deceased party counsel under order 22 rule 10( a ) of cpc to inform court about legal heirs of deceased party.

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SHIRISH PAWAR, 7738990900 (Advocate) 04 January 2021

Hello,

You may refer to the procedure in case of death of defendants prescribed under Order 22 rule 4 of CPC otherwise the plaintiff's suit will be abated.

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