Legal Representatives' Suits Act,1855

Act No : 12

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Section : Deat of either party not to abate suit.

2. Death of either party not to abate suit. Proviso. No actioncommenced under the provisions of this Act shall abate by reason ofthe death of either party, but the same may be continued by or againstthe executors, administrators or representatives of the partydeceased: Provided that, in any case in which any such action shall becontinued against the executors, administrators or representatives ofa deceased party, such executors, administrators or representativesmay set up a want of assets as a defence to the action, either whollyor in part, in the same manner as if the action had been originallycommenced against them.---------------------------------------------------------------------1 The words "and provided such action shall be brought within oneyear after the death of such person" rep. by Act 9 of 1871, Sch. I.For limitation, see now the Indian Limitation Act, 1908 (9 of 1908).2 The words "and so as such action shall be commenced within twoyears after the committing of the wrong" rep. by Act 9 of 1871, s. 2.For limitation, see now Act 9 of 1908.|VOL. II-A<5

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