Rule 1 Order XXII of Code of Civil Procedure 1908 "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
Rule 2 Order XXII of Code of Civil Procedure 1908 "Procedure where one of several plaintiffs or defendants dies and right to sue survives"
Where there are more plaintiffs or defendants than one, and any of them dies, and where the right to sue survives to the surviving plaintiff or plaintiffs alone, or against the surviving defendant or defendants alone, the Court shall cause an entry to the effect to be made on the record, and the suit shall proceed at the instance of the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants.
Rule 3 Order XXII of Code of Civil Procedure 1908 "Procedure in case of death of one of several plaintiff or of sole plaintiff"
(1) 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 the sue survives, the Court,
on an 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.
(2) Where within the time limited by law no application is
made under sub-rule (1), the suit shall abate so far as the
deceased plaintiff 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.
Rule 4 Order XXII of Code of Civil Procedure 1908 "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 part and shall proceed with the suit.
(2) Any person so made a party may make any defence
appropriate to his character as legal representative of the
deceased defendant.
(3) Where within the time limited by law no application is
made under sub-rule (1), the suit shall abate as against the
deceased defendant.
(4) The Court whenever it thinks fit, may exempt the
plaintiff from the necessity of substituting the legal
representatives of. any such defendant who has failed to
file a written statement or who, having filed it, has failed
to appear and contest the suit at the hearing; and 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.
(5) Where
(a) the plaintiff was ignorant of the death of a defendant,
and could not, for that reason, make an application for the
substitution of the legal representative of the defendant
under this rule within the period specified in the
Limitation Act, 1963 (36 of 1963), and the suit has, in
consequence, abated, and
(b) the plaintiff applies after the expiry of the period
specified therefor in the Limitation Act, 1963 (36 of 1963),
for setting aside the abatement and also for the admission
of that application under section 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.
4A. Procedure where there is no legal representative
(1) 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 personal
representative of the deceased person had been a party to
the suit.
(2) Before making an order under this rule, the Court-
(a) may require notice of the 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 proposed 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.
Rule 5 Order XXII of Code of Civil Procedure 1908 "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
Provided that where such question arises before an Appellate
Court, that Court may, before determining the question,
direct any subordinate Court to try the question and to
return the records together with evidence, if any, recorded
at such trial, its findings and reasons therefor, and the
Appellate Court may take the same into consideration in
determining the question.
Rule 6 Order XXII of Code of Civil Procedure 1908 "No abatement by reason of death after hearing"
Notwithstanding anything contained in the foregoing rules, whether the cause of action survives or not, there shall be no abatement by reason. of the death of either party between the conclusion of the hearing and the pronouncing of the judgment, but judgment may in such case be pronounced notwithstanding the death and shall have the same force and effect as if it had been pronounced before the death took place.