I have a question if you please could help guide me:
I have a tenant on whom i had made Eviction case on bonafide requirement. She was sole Defendant and has just passed away. The hearing in this suit is ongoing at the Trial court & the Judge has directed me to do the process of Order 22 CPC.
At the time of the late Defendants death, her married daughter with two children was staying with her and I had initiated an Injunction application against them for trying to create their right in the original tenancy and widening the scope of the litigation. The daughter with kids after marriage had stayed in Saudi Arabia with her husband and she has returned back for the sake of education of her children and started living with late Defendant
My Question is what is the best for me : Whether to make an Application as follows:
a) Under Order 22 Rule 1 of CPC
"Rule 1 . No abatement by party's death if right to sue survives— The death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives.
Thus, should I make an Application under this Rule stating that my Suit should not be abated as the Right to Sue Survives.
OR
b) Under Order 22 Rule 4 of CPC
"Rule 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 party and shall proceed with the suit."
Thus, Should I make an Application under this rule to cause the Late Defendants daughter as her legal representative to be made a party and proceed with the suit:
OR
c) Under Order 22 Rule 5 of CPC
"Rule 5. Determination of question as to legal representative— Where a question arises as to whether any person is or is not the legal representative of a deceased plaintiff or a deceased defendant, such question shall be determined by the Court
Thus, should I make Application under this rule to question whether Late Defendants daughter should not be considered as Legal Representative for I also have a pending Injunction Application against her creating her rights in the original tenancy.
Will sincerely appreciate your guidance. Thank you.
