Rule 3 of CPC : Rule 3: Procedure in case of death of one of several plaintiffs or of sole plaintiff.

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:

• Plaintiff: Priya
• Defendant: Kumar
• Case: Priya has filed a suit against Kumar for breach of contract regarding a business deal.

Event:

• Priya, the sole plaintiff, passes away during the litigation.
• The right to sue survives because the breach of contract claim can be pursued by Priya's legal representative.

Application:

• Priya's husband, Ravi, files an application to the court to be made a party to the suit as Priya's legal representative.
• The court accepts the application, makes Ravi a party to the suit, and the case proceeds.

Outcome:

• The suit continues with Ravi as the plaintiff against Kumar.

Example 3:

Scenario: A personal injury case with a sole plaintiff.

Details:

• Plaintiff: Anjali
• Defendant: A local construction company
• Case: Anjali has filed a suit for compensation due to injuries sustained from a construction accident.

Event:

• Anjali, the sole plaintiff, passes away during the litigation.
• No application is made within the time limited by law to substitute Anjali's legal representative.

Application:

• The suit abates as far as Anjali is concerned.
• The defendant, the construction company, files an application to the court to recover the costs incurred in defending the suit.

Outcome:

• The court awards the costs to the construction company, to be recovered from Anjali's estate.