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SARDAR BEGUM versus CHIRAGH BIBI


Death of Civil Procedure Code Order XXII, Marriage and Parties Insurance O XXII, R 4 [such as the Law Reform Ordinance (XII Amendment of 1972) Limitation Act (IX of 1908), Constitution of Arts 177 (1973), Article 199 Death Defendants before the Power of Court case for proceeding with the Suit Accent Court to proceed with the suit accent court in accordance with the terms of the XXI I, R 4, CPC before the expiry of the ninth day (Rule 4, CPC), the Law Reform Ordinance 1972), allows a court to prosecute a defendant in the same manner as the defendant's death, as though he were alive, however, subject to this authority. It has been accepted that there are no requests to bring it legal. Representatives are made by law within a limited time in accordance with Article 177 of the Limitation Act, the period for filing such an application is 90 days from the date of his death. That, before the expiry of the 90 days set forth under Article 177, the court cannot proceed with the suit, in terms of Order XXII, Rule 4, CPC, this full term cf 90 days must be legally binding. Delegates should be provided available to come forward and apply, if they fail to do so, action may be taken. Despite the death of the defendant, this provision is in the nature of an exception to the common law under which no action can be taken against a deceased person and hence the jurisdiction granted to the court under Order XXII, Rule 4, The CPC is subject to the stipulated criteria that must be met strictly, and failure to do so will result in proceedings against the deceased defendant only if the necessary conditions for an application are not satisfied.

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