Order XXII under C.P.C.

In view of the facts as raised by you, absolutely there is no bar under the law or under the provision of XXII Rule 4 of C.P.C. to bring the LR's of the deceased as far as the Defendant No.3 is concerned. For Eg.,

If 'A' files injunction suit against 'B' then 'A' cannot bring the LRs' of 'B' on record as it is a personal relief sought only on 'B' by 'A' and the LRs' of 'B' cannot be bound for the acts of 'B', thus the cause does not survive against the LRs' of 'B'.

If 'A' files a partition suit against 'B', 'C' & 'D' and 'C' dies then 'A' should bring the LRs' of 'C' on record for proper and effective adjudication.

regards,

vikram chandra.

 

 

 

 

Where a joint claim against several defendants is made in a suit and during pendency of suit some of the defendants die and no separate claim is made against any of the defendants in suit, the failure of the plaintiff to bring on record their legal representatives results in abatement of suit in toto

My thanks for the replies received.  But why the section under Order XXII Rule 4 says  "right to sue does not survive against the surviving defendant"?

It goes to explain that when "right to sue does not survive against the surviving defendant",  then Legal representatives of the deceased can be brought in.

On the other hand if "right to sue survives against the surviving defendant, then there seems to be no necessary in bringing the L.R's of the deceased.  Since the other defendants will pay out the money on the suit.  But in this case the estates of Defendant No.3 and his L.R's will escape. 

So as said above by our collegue Vikram I take to believe that we can file a L.R's application against the deceased's successors and proceed with the case.

Thanks once again.

Where there is sole deft and he dies during the pendency of suit,the suit fully abates on failure to substitute the L.Rs. But when one of several defts dies,in that case also substitution of L.Rs. is necessary otherwise the suit will abate as against the deceased deft.This is the gist of the provision.

Thanks Ajay Kumar

As the liability of the defendants is joint and several  so
as to go on with the several liability of deceased Defendant you must
file LR petition to bring his LRs on record.

As the liability is joint and several, the remaiing defendants namely I & II are liable to honour the decree of the court; however, they further are entitled to recover the share of defendant no.3's liability from his estate.

hello friends,