Rule 3 of CPC : Rule 3: Procedure in case of death of one of several plaintiffs or of sole plaintiff.
CPC
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Explanation using Example
Example 1:
Scenario: A property dispute case involving multiple plaintiffs.
Details:
- Plaintiffs: Rajesh, Suresh, and Mahesh
- Defendant: Anil
- Case: The plaintiffs have filed a suit against Anil claiming ownership of a piece of land.
Event:
- Rajesh, one of the plaintiffs, passes away during the course of the litigation.
- The right to sue does not survive solely with Suresh and Mahesh because Rajesh had a significant individual claim to the property.
Application:
- Suresh and Mahesh file an application to the court to include Rajesh's legal representative (his son, Ramesh) as a party to the suit.
- The court accepts the application, makes Ramesh a party to the suit, and the case proceeds.
Outcome:
- The suit continues with Ramesh, Suresh, and Mahesh as plaintiffs against Anil.
Example 2:
Scenario: A breach of contract case with a sole plaintiff.
Details: ...
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