Can dead party’s name be deleted in unrelated writ petition?

Question

I filed a writ petition against lower court order with all the parties in the lower court case (plaintiff,D1,D2,D3(me)) being made parties in the Writ.applicant D3(me) respondents plaintiff,D1,D2.

One of the parties(D1) has died after the case was filed in lower court and no order has been passed on the legal heirs. So now there is no way to serve this party.

However, the Writ has nothing to do with this party and is about the lower court order not allowing a memp I put up.

1.can I get dead party be deleted as respondent from the Writ on the grounds that he is not affected by this writ in anyway?

2.If so:
a.should this be part of petition (it is still in scrutiny objections stage)
b. should separate application for deletion be put up along with petition?
p.s I dont mind paying around Rs500 for drafting assistance but cant do anything more than that

ray 1 Answer 146 views
0

Answer ( 1 )

  1. instalegal
    0
    2023-01-02T16:27:34+05:30
    Reply

    If you are not claiming any relief against the party who has died since then you can request the Court to give up the service on that party as no relief is being claimed against him. it is the court who will decide if that should be allowed or not.

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