(1) Where one of two or more plaintiffs dies and the right to sue does not survive to the surviving plaintiff or plaintiffs alone, or a sole plaintiff or sole surviving plaintiff dies and the right to the sue survives, the Court, on an application made in that behalf, shall cause the legal representative of the deceased plaintiff to be made a party and shall proceed with the suit.
(2) Where within the time limited by law no application is made under sub-rule (1), the suit shall abate so far as the deceased plaintiff is concerned, and, on the application of the defendant, the Court may award to him the costs which he may have incurred in defending the suit, to be recovered from the estate of the deceased plaintiff.
Order 22 Rule 1 CPC No abatement by party's death if right to sue survives
Order 22 Rule 3 CPC Procedure in case of death of one of several plaintiffs or of sole plaintiff
Order 22 Rule 4 CPC Procedure in case of death of one of several defendants or of sole defendant
Order 22 Rule 4a CPC Procedure where there is no legal representative
Order 22 Rule 5 CPC Determination of question as to legal representative
Order 22 Rule 6 CPC No abatement by reason of death after hearing
Order 22 Rule 7 CPC Suit not abated by marriage of female party
Order 22 Rule 8 CPC Suit not abated by marriage of female party
Order 22 Rule 9 CPC Effect of abatement or dismissal
Order 22 Rule 10 CPC Procedure in case of assignment before final order in suit
Order 22 Rule 10A CPC Duty of pleader to communicate to Court death of a party