S.Ashokkumar (Advocate) 19 August 2011

Order 1 rule 10 (20)

The defendant was died in at the time of the accident. Usually we are provided provision for order 1 rule 10(20), but I silightly differ that, so i am so confused. many friends & laweyers are also so confused. I think order 22 rule 4 it is a correct provision. It is may be write or wrong.

AT the same time in this case legal heirs should be impleaded provision also i am needed that? So any Mr. (or) Mrs. tell the correct provision or will give the correct provision ( if your kind information most and most valuable for junior advocates. So, tell the correct provision or send the correct provision?

Reply Follow

4 Replies

Arvind Singh Chauhan (advocate) 19 August 2011

Yes You are right, O 22 Rule 4 is the correct provision.

kumar t v s (advocate) 19 August 2011

Dear Ashok,

O 1 R 10 is for impleding the parties and O 22 R 4 is for substitution of LRs upon death of Defendant.

Rgds

KumarTVS

kvss.prabhakar rao (Advocate ) 20 August 2011

Arvind and kumar version is correct. Whne there is provision to implead the legal hiers of deceased defendants legalrepresentatives. The legal reprsentatives should be impleaded with 90 days from the death of defendant. Otherwise suit stand abated agsint deceased. If the period of 90 days elapsed you have another option to file the same for set aside the abtement order along with petition under sec 5 of limitation Act. But Or 1 rule 10 somewhat is not corect. But some time the legal representative may me added as party to thee suit proceedings. under the rule in exceptional cased

KV.S.S. PRABHAKAR RAO

Advocate, Rajahmundry ( A. P )

Dalip Kumar Chhabra (Advocate) 27 September 2011

Boarding speaking, order 22 is the relevant provisions of adding/impleading L.Rs. of deceased , who is already a party to the suit, except provisions of order 22 rule 10 , which speaks of of legal representatives, whereas order 1 rule 10 boardly deals with the situation, where some new person is to be impleaded as party to pending proceedings, they may be subsequent purchaser, or upon whom subject matter of pending suit is devolved upon, by/through any of the party to the pending proceedings.

Dalip Kr. Chhabra, Advocate