Procedure in case of death of a plaintiff:
Where there are more plaintiffs or defendants than one and any of them dies and the right to sue survives to the surviving defendant or plaintiff alone, or against the surviving defendant alone, the court shall cause an entry to that effect to be made on the record, and the suit shall proceed at the instance of the surviving plaintiffs or against the surviving defendant or defendants. (O. 22, R. 2).
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 sue survives, the court, on the 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.
Where within the time limited by law no application is made the suit shall abate so for as the deceased 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. (O. 22 R. 3).
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Procedure in case of death of defendant:
ADVERTISEMENTS:
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 serving 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 party and shall proceed with the suit. Where within the time limited by law no application is made the suit shall abate as against the deceased defendant. [O. 22, R. 4 (1-3)].
The court whenever it thinks fit may exempt the plaintiff from the necessity of substituting the legal representative of any such defendant who fails to file a written statement or who, having filed it, has failed to appeal and contest the suit at the hearing; and the 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. [O. 22, R. 4 (4)].
Where (a) the plaintiff was ignorant of the death of the defendant and could not, for that reason, make application for the substitution of the legal representative of the defendant under R. 4 of O. 22 within the period specified in the Limitation Act, 1963, and the suit has in consequence, abated and (b) the plaintiff applies after the expiry of the period of limitation, for setting aside the abatement and also for the admission of that application under S. 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. [O. 22, R. 4 (5)].
ADVERTISEMENTS:
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 person had been a party to the suit. [O. 22, R. (4-A)].
Before making an order under this rule the court (a) may require notice of this application for the order to be given to such (if any) of the persons having an interest in the estate of the deceased person as it thinks fit; and (b) shall ascertain that the person to be appointed to represent the estate of the deceased person is willing to be so appointed and has no interest adverse to that of the deceased person.