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:

  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.

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