Civil Procedure Code

H. Mujtaba (Querist) 07 March 2009 This query is : Resolved

Dear Sirs,

Thank you very much for the reply. May I request you to kindly provide me the case law that an application under Order I Rule 10 read with section 151 of C.P.C., is maintainable to bring on record the legal representatives of the defendants who have died prior to the institution of the suit.

Thanks and warm regards,

Mujtaba

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V.V.RAMDAS (Expert) 07 March 2009
Mr Hujtaba,
Order 1 Rule 10 is not the correct provision for substition of L/R of the defendants but the provision for substitution of L/R is onder Order 22 Rule 4.The petition is to be filed within 90 days of the knowledge. AIR 1995 Orissa 139.

Srinivas.B.S.S.T (Expert) 08 March 2009
If not filed in 90 days, you have to file a petition under order 22 rule 9 to set aside the abatement.

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