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Non-substitution of legal representatives of either party to the suit who dies, between the conclusion…

Where a party dies between conclusion of hearing and pronouncement, Order XXII rule 6 prevents abatement. Judgment may be pronounced with the same force and effect as if…

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Non-substitution of legal representatives of either party to the suit who dies, between the conclusion of hearing and pronouncement of the judgment:

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Answer and explanation

Correct answer D

Where a party dies between conclusion of hearing and pronouncement, Order XXII rule 6 prevents abatement. Judgment may be pronounced with the same force and effect as if pronounced before the death.

Option feedback

Option A

Rule 6 expressly preserves the judgment despite death after conclusion of hearing.

Option B

Death alone is not a ground invalidating this judgment.

Option C

Rule 6 gives no election to nullify the judgment.

Option D

Rule 6 preserves pronouncement and force whether or not the cause of action survives.

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