Rule 4A of CPC : Rule 4A: Procedure where there is no legal representative.
CPC
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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:
- Ramesh applies to the court to proceed with the case despite Suresh's death.
- The court, upon verifying that Suresh has no legal representative, decides to appoint the Administrator-General to represent Suresh's estate.
- The court issues a notice to potential interested parties in Suresh's estate, such as distant relatives or creditors, informing them of the application.
- The Administrator-General agrees to represent Suresh's estate and confirms that there is no conflict of interest.
- 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.
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