Skip to main content

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.


Comments

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...