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Vinita bhagat   25 October 2021

death person right

Dear expert,
sir mujhpe tittle suit ka case 2014 se Chal rha Hai Jharkhand Mai ,sir iss case Mai 3 logon ka naam tha jisme ek third person Ki death ho gayi hai iss samay hame Kya kerna chaiyae

 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     25 October 2021

In a civil suit, any of the party to the suit dies and if right to sue survive then the suit can be continued by the heirs or legal representative of the deceased party. If in any case where right to sue does not survive the suit will come to an end.

minakshi bindhani   25 October 2021

As per your concerns!

Order 22 Rule 1 of Civil Procedure code, 1908 prescribes no abatement by party's death if the right to sue survives

The death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives.
As per Order 22 Rule 2 of the code, If one of the several defendants dies and the right to sue does not survive against the surviving defendant or defendants alone or where a sole surviving defendant dies and the right to die survives, in such a case on an application being made by the legal representatives, the court shall make the legal representative of the deceased defendant party proceed or go ahead with the suit.

But there is also a condition in it that, if no application is made within the specified period, the suit shall abate against the deceased defendant.

Hope it helps
Minakshi Bindhani

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