You can settle case with opponent 

it will continue with your sister 

- Since, your sister has proceeded Ex-parte , then the remaining legal heirs /parties can settle the dispute with the Defendant , and can even withdraw the petition filed by the deceased father. 

A decree drawn out of compromise settlement excluding one of the party even though the said party was set exparte is not maintainable. Such a decree cannot, therefore, bind any person who is not a party to the compromise unless of course it can be held that one of the parties to the compromise had the right or the authority to bind him by means of the same.In such an event the court will pass a contested decree 

 a Aompromise is essentially an agreement or contract, only between the parties thereto, and it cannot affect other parties and that matters covered by the decree either expressly or by necessary implication can operate as res judicata only between the parties thereto and can never operate as against others. 

A judgment by consent is intended to put a stop to litigation between the parties just as much as is a judgment which results, from the decision of the Court after the matter has been fought out to the end. 

A bargain only binds those by whom it is made. Persons who are willing to stand by while a contest is going en are bound by the decision of the Court, but they are not compelled to abide by a compromise when no decision is in fact come to by the Court.

If the settlement is through court then only it will have exparte effect on her otherwise not.

Settlement & Case Withdrawal Without Sister (Ex-Parte Heir)

1️⃣ Settlement in High Court – Yes, you can proceed without her as she is ex-parte. File a Compromise Petition for approval.
2️⃣ Withdrawing Plaintiff Cases – Yes, you can withdraw cases where your father was the plaintiff under Order 23 Rule 1 CPC without her consent.
3️⃣ Risk Factor – If she later challenges, the court may not entertain as she was ex-parte.

✅ Ensure all notices & ex-parte orders are properly documented to avoid future disputes.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Dear Client,

Yes, if your sister has been served with notices in due course and has persistently declined to appear, she can be held ex-parte by the High Court. In that case, the remaining legal heirs can opt for a settlement agreement with the opposite party. Courts usually permit settlements if all the participating legal heirs agree, and exclusion of an ex-parte party wouldnot disqualify the process. In the caseof suits filed by your father, withdrawal of suits would need theconcurrence of all legal heirs in some cases. If your sister is ex-parte, youcan obtain leave for withdrawal from the court if you establish that she was served with due notice and had the chance to oppose but declined. It is better that you file an application for settlement/withdrawal, establishingher non-participation and obtainingcourt leave to act in her absence. A legal practitioner can assist you in complying with procedural requirements.

Dear Raj,

In cases where one legal heir refuses to participate in ongoing litigation after the death of the original plaintiff/defendant, the following legal considerations apply:

1. Ex-Parte Proceedings Against Your Sister

Since your sister has refused to accept court notices and is unresponsive despite proper service (including paper publication), she will be declared ex-parte by the court. This means:

• The case can proceed without her active participation.
• Any judgment, decree, or settlement will be binding on her despite her absence.

2. Settlement Without Your Sister’s Consent

Since all other legal heirs are in favour of settlement and she has chosen not to participate, you may proceed with the settlement. However:

• 
  For cases where your father was the Defendant: You can compromise/settle without her consent, as courts usually allow such settlements among willing parties.
• 
  For cases where your father was the Plaintiff: Courts may require all legal heirs to consent before withdrawing or settling the case. If she remains ex-parte, the court may allow the remaining heirs to settle by recording her non-participation.

3. Withdrawal of Suit Where Your Father Was Plaintiff

To withdraw a case where your father was the original plaintiff:

• Normally, all legal heirs must agree.
• Since your sister has been served but remains absent, an application can be filed stating that she has chosen not to pursue the matter.
• The court may allow the suit to be withdrawn without her explicit consent, provided there is no adverse claim from her end.

Recommended Course of Action

1. 
   Proceed with the settlement and file a compromise petition in court, clearly stating that your sister has been served notices and has not responded.
2. For suits where your father was the plaintiff, file an application for withdrawal, mentioning her non-participation.
3. If required, obtain a court order confirming her ex-parte status, making her bound by the settlement.

Let me know if you need legal assistance in drafting the necessary petitions.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor