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Bare acts > Code of Civil Procedure, 1908 > Order 22 Rule 4 A


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 it to represent the estate of the decease 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.s






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