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Bare acts > Code of Civil Procedure, 1908 > Order 22 Rule 2
 
  


 

2. 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 that 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.

HIGH COURT AMENDMENTS

Punjab, Haryana and Chandigarh.- After existing Rule 2 of Order XXII, insert.

“2-A. Every Advocate appearing in a case who becomes aware of the death of a party to the litigation (whether he appeared for him or not) must give intimation about the death of that party to the Court and to the person who is dominus litis,

2-B. The duty to bring on record the legal representatives of the deceased-defendant shall be of the heirs of the deceased and not of the person who is dominus litis. (Vide Noti. No. GSR. 39/CA. 5/1908/S 12257, w.e.f. 11.4.1975).

 

 

 

 

 

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