Rule 4A of CPC : Rule 4A: Procedure where there is no legal representative.

Explanation using Example

Example 1:

Scenario: Ramesh files a lawsuit against Suresh for a property dispute. During the pendency of the suit, Suresh passes away and has no legal representative.

Application of Rule 4A:

1. Ramesh applies to the court to proceed with the case despite Suresh's death.
2. The court, upon verifying that Suresh has no legal representative, decides to appoint the Administrator-General to represent Suresh's estate.
3. The court issues a notice to potential interested parties in Suresh's estate, such as distant relatives or creditors, informing them of the application.
4. The Administrator-General agrees to represent Suresh's estate and confirms that there is no conflict of interest.
5. The court proceeds with the case, and any judgment or order made will bind Suresh's estate as if Suresh himself were present.

Example 2:

Scenario: Priya sues her business partner, Anil, for breach of contract. Anil dies during the lawsuit, and no family members or legal representatives come forward to represent his estate.

Application of Rule 4A:

1. Priya requests the court to continue the case in the absence of Anil's legal representative.
2. The court examines the situation and finds that Anil has no legal representative.
3. The court decides to appoint an officer of the court to represent Anil's estate.
4. The court ensures that notice of the application is given to any known associates or interested parties in Anil's estate.
5. The appointed officer confirms their willingness to represent Anil's estate and that they have no conflicting interests.
6. The court proceeds with the lawsuit, and any resulting judgment or order will be binding on Anil's estate as if Anil had been represented by a legal representative.

Example 3:

Scenario: A civil suit is filed by a bank against Rajesh for defaulting on a loan. Rajesh dies during the proceedings, and no legal heir or representative is available to take his place.

Application of Rule 4A:

1. The bank applies to the court to continue the suit despite Rajesh's death.
2. The court finds that Rajesh has no legal representative.
3. The court decides to appoint a suitable person, such as a local lawyer, to represent Rajesh's estate.
4. The court issues a notice to any known parties with an interest in Rajesh's estate, such as other creditors or distant relatives.
5. The appointed lawyer agrees to represent Rajesh's estate and confirms no adverse interest.
6. The court proceeds with the case, and any judgment or order made will bind Rajesh's estate as if Rajesh had a personal representative in the suit.