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The sole defendant in a civil suit dies and the right to sue survives. Substitution is required, no…

Where substitution is required under Order XXII rule 4 and the application is out of time, rule 4(3) causes the suit to abate against the deceased defendant by operation of…

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The sole defendant in a civil suit dies and the right to sue survives. Substitution is required, no exemption applies, and no application to substitute the legal representative is made in time. What occurs under Order XXII rule 4(3) of the Code of Civil Procedure, 1908?

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Answer and explanation

Correct answer A

Where substitution is required under Order XXII rule 4 and the application is out of time, rule 4(3) causes the suit to abate against the deceased defendant by operation of law.

An eligible person may apply to set aside the abatement under rule 9 by showing sufficient cause.

Option feedback

Option A

Rule 4(3) produces abatement on expiry of the time allowed without a constitutive court order.

Option B

An order may record abatement, but does not bring it into existence.

Option C

The statutory result is abatement rather than an automatic stay.

Option D

The suit cannot continue unchanged after it abates.

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