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Rule 4 of CPC : Rule 4: Procedure in case of death of one of several defendants or of sole defendant.

The Code of Civil Procedure, 1908

THE FIRST SCHEDULE

ORDER XXII: DEATH, MARRIAGE AND INSOLVENCY OF PARTIES

Rule 4: Procedure in case of death of one of several defendants or of sole defendant.

Explanation using examples

Example 1:

Scenario: A property dispute case involving three defendants.

Details:

  • Plaintiff: Mr. Sharma
  • Defendants: Mr. Verma, Mr. Gupta, and Mr. Singh
  • Mr. Verma passes away during the trial.

Application of Rule 4:

  1. Sub-rule (1): Mr. Sharma (plaintiff) applies to the court to include Mr. Verma's legal representative (his son,