Where there are more plaintiffs or defendants than one, and any of them dies, and where the right to sue survives to the surviving plaintiff or plaintiffs alone, or against the surviving defendant or defendants alone, the Court shall cause an entry to the effect to be made on the record, and the suit shall proceed at the instance of the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants.
THE FIRST SCHEDULE · ORDER XXII Death, Marriage and Insolvency or Parties
Order XXII Rule 2: Procedure where one of several plaintiffs or defendants dies and right to sue survives
The Code of Civil Procedure, 1908
Questions on this rule
1 question in 4 of our papers cite Order XXII Rule 2. Try these from the free papers:
1. Consider the following statements under Order XXII of the Code of Civil Procedure, 1908: 1. Where one of several defendants dies and the right to sue survives against the surviving defendants alone, the Court shall cause an entry to that effect to be made on the record and the suit shall proceed against the survivors. 2. Where a party who dies during the pendency of a suit has no legal representative, the suit necessarily abates as against him. 3. Where a question whether a person is the legal representative of a deceased party arises before an Appellate Court, that Court may direct a subordinate Court to try the question and return its findings. 4. In applying this Order to appeals, "plaintiff" includes an appellant and "defendant" includes a respondent. Which of the statements given above are correct?