(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 defendants to be made a party 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 therefore 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 with 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.
Order 22 Rule 1 CPC No abatement by party's death if right to sue survives
Order 22 Rule 3 CPC Procedure in case of death of one of several plaintiffs or of sole plaintiff
Order 22 Rule 4 CPC Procedure in case of death of one of several defendants or of sole defendant
Order 22 Rule 4a CPC Procedure where there is no legal representative
Order 22 Rule 5 CPC Determination of question as to legal representative
Order 22 Rule 6 CPC No abatement by reason of death after hearing
Order 22 Rule 7 CPC Suit not abated by marriage of female party
Order 22 Rule 8 CPC Suit not abated by marriage of female party
Order 22 Rule 9 CPC Effect of abatement or dismissal
Order 22 Rule 10 CPC Procedure in case of assignment before final order in suit
Order 22 Rule 10A CPC Duty of pleader to communicate to Court death of a party