Section 146 CPC: Proceedings by or Against Representatives

Code of Civil Procedure, 1908 | Updated 12 October 2026

Section 146 of the Code of Civil Procedure, 1908 (CPC) allows certain civil proceedings or applications to be initiated or pursued by or against a person claiming under another person. This facilitates continuity where a legally relevant interest has passed to a successor, transferee, assignee or other qualifying claimant.

Key point: Section 146 is an enabling procedural provision. It applies only save as otherwise provided by the CPC or another law, and does not itself prove succession, transfer, title or a right to relief.

Section 146 CPC: Full statutory text

Save as otherwise provided by this Code or by any law for the time being in force, where any proceeding may be taken or application made by or against any person, then the proceeding may be taken or the application may be made by or against any person claiming under him.

Section 146, Code of Civil Procedure, 1908: Proceedings by or against representatives. The provision is reproduced with punctuation standardized for readability.

Meaning and legal definitions

Proceeding: A procedural step before a competent court, including an eligible civil proceeding in which the relevant legal interest can be pursued or defended.
Application: A formal request made to a court for an order or other procedural relief.
Person claiming under another: Someone who derives the relevant legal interest or entitlement from another person, rather than asserting a wholly independent, unrelated claim. Whether a person qualifies depends on the facts and applicable law.
Legal representative: Section 2(11) CPC defines a legal representative broadly as a person who in law represents the estate of a deceased person, including specified persons who intermeddle with the estate and, where a party sues or is sued in a representative character, the person on whom the estate devolves.
Assignee or transferee: A person to whom a relevant right or interest has been assigned or transferred, subject to the governing law and any procedural requirements.

How Section 146 operates

Identify the underlying proceeding: A proceeding or application must be legally maintainable by or against the original person.
Establish the derivative interest: The new applicant or respondent must show that they claim under the original person in relation to that matter.
Check special rules: The opening exception preserves more specific requirements in the CPC or other laws.
Follow the applicable procedure: Where required, apply for substitution, leave, impleadment or other procedural orders and provide supporting evidence.
Respect existing limits: Section 146 does not eliminate limitation periods, cure a defective transfer or confer rights that the predecessor did not possess.

Practical examples

1. Transfer of an interest during litigation

A plaintiff transfers a disputed property interest while a civil suit is pending. The transferee may seek to continue or participate in the litigation based on the transferred interest. The court must consider Order XXII Rule 10 CPC, the terms and validity of the transfer and any other applicable law; Section 146 does not grant automatic substitution.

2. Proceedings involving a deceased party

Where a party dies and the right to sue survives, their legal representatives may need to be brought on record. Order XXII Rules 3 and 4 CPC provide specific substitution procedures, and relevant limitation and abatement rules must be followed. Section 146 cannot be used to bypass those provisions.

3. Application based on an assigned right

Where a legally transferable right relevant to a civil proceeding is assigned, the assignee may seek appropriate relief as a person claiming under the assignor, subject to proof of assignment and any specific procedural rules.

Section 2(11): Defines the expression "legal representative".
Order I Rule 10: Deals with adding, striking out and substituting parties in appropriate circumstances.
Order XXII Rules 3 and 4: Address substitution following death of a plaintiff or defendant where the right to sue survives.
Order XXII Rule 10: Addresses assignment, creation or devolution of interest during pendency of a suit, subject to the court's leave.
Section 47: Governs certain questions relating to execution, discharge or satisfaction of decrees; its specific requirements remain relevant.

Important limitations

Section 146 is not an independent source of ownership, a universal rule of succession or an exception to every procedural requirement. Rights that are personal and non-transferable may not pass to another person. In every case, the court considers the nature of the right, the relationship between the parties and the governing statutory rules.

Official legal sources

For authoritative statutory text and amendments, consult the Government of India's India Code portal and locate the Code of Civil Procedure, 1908 (Act 5 of 1908), including Section 146, Section 2(11), Order I and Order XXII. Applicable High Court rules and judicial decisions should also be checked for case-specific procedure.

Frequently asked questions

What does Section 146 CPC provide?

Subject to contrary provisions in the CPC or other applicable law, a proceeding or application that may be made by or against a person may also be made by or against a person claiming under that person.

Who is a person claiming under another person?

Depending on the facts, a successor, assignee, transferee or legal representative deriving the relevant interest from another person may qualify. The claimed interest must be established.

Does Section 146 CPC automatically substitute a legal heir after death?

No. Order XXII CPC contains specific procedures and time limits for substitution and abatement in applicable cases. Section 146 must be read subject to those rules.

Can a transferee continue proceedings under Section 146?

A person deriving an interest from a party may be able to pursue or defend proceedings, subject to applicable procedural provisions, including Order XXII Rule 10 where relevant, and any necessary court permission.

Does Section 146 override other laws?

No. The opening words expressly make Section 146 subject to contrary provisions in the CPC or any other law in force.

Conclusion

Section 146 CPC supports procedural continuity by allowing proceedings or applications by or against persons deriving an interest from another person. Its operation is expressly subject to the CPC and other applicable laws, particularly the rules governing substitution, devolution of interest and party status.