Procedure where there is no legal representative
Death, Marriage and Insolvency or Parties, in the First Schedule to The Code of Civil Procedure, 1908
1 [4A. Procedure where there is no legal representative.--(1) If, in any suit, it shall appear to the Court that any party who has died during the pendency of the suit has no legal representative, the Court may, on the application of any party to the suit, proceed in the absence of a person representing the estate of the deceased person, or may be order appoint the Administrator-General, or an officer of the Court or such other person as it thinks fit to represent the estate of the deceased person for the purpose of the suit; and any judgment or order subsequently given or made in the suit shall bind the estate of the deceased person to the same extent as he would have been bound if a personal representative of the deceased person had been a party to the suit.
(2) Before making an order under this rule, the Court--
(a) may require notice of the application for, the order to be given to such (if any) of the persons having an interest in the estate of the deceased person as it thinks fit; and
(b) shall as certain that the person proposed to be appointed to represent the estate of the deceased person is willing to be so appointed and has no interest adverse to that of the deceased person.]
1. Ins. by Act 104 of 1976, s. 73 (w.e.f. 1-2-1977).
How this Rule is cited
It is written both ways, and both mean this Rule: Order XXII Rule 4A CPC and Order 22 Rule 4A CPC. Pleadings usually take the arabic form, judgments usually the numeral.
Orders of the courts under it: Order 22 Rule 4A CPC, Order XXII Rule 4A CPC. Each opens the full-text search over every order eCourtsIndia holds.
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. This page is not a substitute for legal advice.