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Death of a party in CPC

 Death of a party in CPC.

When a civil suit is filed the case is closed only when the judgement is out or the decree is announced but they certain cases when the case happens to close or abate even before the judgement.

Civil suit is a time taking proceeding and during the proceeding if any party happens to be a victim of unforeseen circumstances like death or marriage or insolvency .

The question is whether the above mentioned circumstances would affect the proceeding of a civil suit or not?

If any such contingency is suffered by any of the parties Will affect the proceeding of the civil suits and there may be changes in the suit.

Order 22 of civil procedure code 1908 speaks about the provisions in case of death, marriage, insolvency of party during a civil case.

Death of a party rule 1 to 6

In case a party dies during the proceedings of the civil suit, the a cross analyse is done that , if the right to sue exist or has died with the person.

Right to sue is right to remedy of a person because of whom The suit was actually generated and came into existence .

Action personalis moritur cum persona (a personal action with the person )A person’s action dies with the person.

For example cases related to maintenance, pension,divorce 

On the contrary, there are some cases in which the action does not die with the person

Examples in case of rent,damage ,injury etc

Right to sue survives even if the person dies.

Rule 1 - In case of a party‘s death, a case does not abate if right to sue survives the Proceeding will have no effect and will continue in the same manner.

Rule 2- A case can have a multiple number of defendants and plaintiffs 

In such case, if any one of the plaintiffs or defendants unfortunately dies , The right to sue still exist with the remaining plaintiffs or defandants . Thus The civil suit will have no effect and the proceeding will continue in the same manner.

Rule 3 - in case if there is one plaintiff in a civil suit and that plaintive dies during the proceedings of the civil suit and it is noted by the court that on an application from a legal representative of the plaintive is made a party and shall proceed . Legal Representative of the plaintiff must apply for the application within 90 days 

In case there is two or more plaintiffs and anyone of the plaintive dies and with it the right to sue dies with the plaintiff . It is observed by the court that the right to sue does not exist with the remaining plaintiff , a legal representative is made the party of the case.

Rule 4 - in case there are multiple number of defendants and one of the defendants dies and along with it the right to sue dies with the person or in case of sole defendant dies but still the right to sue survives.

Does this condition if a person submits an application turn out on the behalf of the application the person is made a party and the proceedings are continued.


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