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THE FIRST SCHEDULE · ORDER XLV APPEALS TO THE SUPREME COURT

Order XLV Rule 9A: Power to dispense with notices in case of deceased parties

The Code of Civil Procedure, 1908

1[Nothing in these rules requiring any notice to be served on or given to an opposite party or respondent shall be deemed to require any notice to be served on or given to the legal representative of any deceased opposite party or deceased respondent in a case, where such opposite party or respondent did not appear either at the hearing in the Court whose decree is complained of or at any proceedings subsequent to the decree of that Court:

Provided that notices under sub-rule (2) of rule 3 and under rule 8 shall be given by affixing the same in some conspicuous place in the court-house of the Judge of the district in which the suit was originally brought, and by publication in such newspapers as the Court may direct.]

Footnotes in the official text

  1. 1.Ins. by Act 26 of 1920, s. 4.

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