Order 22 cpc code of civil procedure 1908 death, marriage and insolvency of parties
#order22cpc #order22 #cpc1908
The death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives
2. Procedure where one of several plaintiffs or defendants dies and right to sue survives
Where there are more plaintiffs or defendants than one, and any of them dies, and where the right to sue survives to the surviving plaintiff or plaintiffs alone, or against the surviving defendant or defendants alone, the Court shall cause an entry to the effect to be made on the record, and the suit shall proceed at the instance of the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants.
3. Procedure in case of death of one of several plaintiff or of sole plaintiff
(1) Where one of two or more plaintiffs dies and the right to sue does not survive to the surviving plaintiff or plaintiffs alone, or a sole plaintiff or sole surviving plaintiff dies and the right to the sue survives, the Court, on an application made in that behalf, shall cause the legal representative, of the deceased plaintiff to be made a party and shall proceed with the suit.
(2) Where within the time limited by law no application is made under sub-rule (1), the suit shall abate so far as the deceased plaintiff is concerned, and, on the application of the defendant, the Court may award to him the costs which he may have incurred in defending the suit, to be recovered from the estate of the deceased plaintiff.
4. Procedure in case of death of one of several defendants or of sole defendant
(1) Where one of two or more defendants dies and the right to sue does not survive against the surviving defendant or defendants alone, or a sole defendant or sole surviving defendant dies and the right to sue survives the Court, on an application made in that behalf, shall cause the legal representative of the deceased defendant to be made a part and shall proceed with the suit.
(2) Any person so made a party may make any defence appropriate to his character as legal representative of the deceased defendant.
(3) Where within the time limited by law no application is made under sub-rule (1), the suit shall abate as against the deceased defendant.
9[(4) The Court whenever it thinks fit, may exempt the plaintiff from the necessity of substituting the legal representatives of. any such defendant who has failed to file a written statement or who, having filed it, has failed to appear and contest the suit at the hearing; and judgment may. in such case, be pronounced against the said defendant notwithstanding the death of such defendant and shall have the same force and effect as if it has been pronounced before death took place.
(5) Where
(a) the plaintiff was ignorant of the death of a defendant, and could not, for that reason, make an application for the substitution of the legal representative of the defendant under this rule within the period specified in the Limitation Act, 1963 (36 of 1963), and the suit has, in consequence, abated, and
(b) the plaintiff applies after the expiry of the period specified therefor in the Limitation Act, 1963 (36 of 1963), for setting aside the abatement and also for the admission of that application under section 5 of that Act on the ground that he had, by reason of such ignorance, sufficient cause for not making the application within the period specified in the said Act,the Court shall, in considering the application under the said section 5, have due regard to the fact of such ignorance, if proved.]
9[4A. Procedure where there is no legal representative
(1) If, in any suit, it shall appear to the Court that any party who has died during the pendency of the suit has no legal representative, the Court may, on the application of any party to the suit, proceed in the absence of a person representing the estate of the deceased person, or may by order appoint the Administrator-General, or an officer of the Court or such other person as it thinks fit to represent the estate of the deceased person for the purpose of the suit; and any judgment or order subsequently given or made in the suit shall bind the estate of the deceased person to the same extent as he would have been bound if a personal representative of the deceased person had been a party to the suit.
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Nice work or proper bar act se samjhane ke liye special thanks
Thanks a lot sir ...aapne deeply explain Kiya to clearly samjha 😊
Thank you sir
aap bahut acha teach karte h sir thanks a lot .
Sir apki teaching style bahut achi h.ache se samajh aa jata h apke teach kiya hua topics. Please continue uploading much more videos.thanks 🙏🏻
thanku sir.so easy and much datails in the vidio.
@KushankMittal
4 жыл бұрын
🙏😊
Thankyou sir
Nice lecture
sir app c.j baniye app deserve karte he thanks for helping tha student
oooo bhai rule 10 ko jump kar diya tumne sirf readout kar k
When appeal pending in divorce case and when respondent dies leaving behind mother as legal heir what will be the case
I like this video
Sir if a party to execution proceeding die, is there any time limit to join legal representative, if yes under what provision it is mentioned ? Kindly reply
Sir suit abated under order 22 does not operates as res judicata
Sir aapne rule 8 acche se nai smjhaya ki ...what is the role of assignee and receiver in rule 8 ?
My question is who will give application for Lr substitution? Under rule 2 Lr of deceased plaintiff will give.. But what about rule 3 ? Who will give application here for lr substation? And if ans to this ques is def's lr den why he will give this information.. coz it will beneficial if suit abates...pls clarify?
@Piyush.sharma04
4 жыл бұрын
order 22 r4 ..application will be given by the plantiff only ...read with order 22 rule 4 (5)
Suppose there is a suit of one and more than one plaintiffs where one of the plaintiff dies ... On whom the right to survive exist to the legal representative of deceased or the surviving plaintiffs???
@KushankMittal
4 жыл бұрын
Non deceased plaintiff will remain intact at there place and in place of deceased plaintiff LRs will come, now non deceased plaintiffs and LRs of deceased plaintiff pursue the suit
@shivaniriya5195
4 жыл бұрын
@@KushankMittal thanx a lot
Too much ads....otherwise nice
Thanq so much sir.....plz keep it
@KushankMittal
4 жыл бұрын
😇😇🙏🙏😊
@adv.poojasharma4514
4 жыл бұрын
@@KushankMittal sir m llb 2nd year m hu mujhe sare subject smjh ane lge h only crpc bilkul b smjh n nhi ati h book se b 3 4 bar pd lia h kuchh smjh a rha kaise pdu kuchh btao sir plz
@KushankMittal
4 жыл бұрын
Can we discuss it on insta ? @kushankm
@adv.poojasharma4514
4 жыл бұрын
@@KushankMittal yes sir
@adv.poojasharma4514
4 жыл бұрын
Btt how
Plz explain order 21 details sec
@KushankMittal
4 жыл бұрын
Sure namrata ji 😇🙏
@anupamsonker5930
4 жыл бұрын
Yes pls
@adv.jitendradanarha2010
4 жыл бұрын
Yes pls
Sir O22R 3,4 me jo time limit h wo kitna hoga ??
Wo case me agar legal her nai aye to kya hoga
Sir pls make a vedios on order 23,24,25,26
Sr pls aise hr video me section ya order ko bear act se pdke smjhaiyega...... thanks sr 🙏🙏🙏
papaki death Hui hai muje procedin right 2 suit abate karna hai kya kare reply
You didn't explain clearly rule 4 and sub rule 4 and 5.
Sar namaskar Agar Vadi Ne Kisi Aise vyakti ko pakka Nahin banaya hai jo uski Jameen Par kabja Dhari Hai To Aisi Dasha Mein kabja Dhari vyakti Kaise Pushkar Ban sakta hai dhanyvad
We need English
Examples ke sath samjhaya karo
Tumko video banana nhi aata hai....jisha language mai tum bata rahe ho yeh kisi ko nhi samjh aayega...simple language mai batao...video banane ka kya fyada jab kewal lawyer ko hi tumhare baat samjh mai aaye...tumko example de kar batana chahiye tha... defendant aur applentif jaise bataogye toh kisi ko nhi samjh mai aayega
Thank you sir