# Party died mid-suit? The suit goes on.

> Death does not abate the suit if the right to sue survives (O.XXII R.1). Legal representatives are brought on record on application or the nominee's intimation within ninety days (R.3, R.4; Arts. 176, 177). If no one applies, the court may proceed and the judgment binds as if given before the death (R.3(2)). A legal representative can seek to set aside an order made in his absence within sixty days (R.9(2); Art. 171).

- Topic: Courts and procedure
- For: Advocates
- A 11-slide carousel: https://failegal.site/media/party-died-mid-suit-the-suit-goes-on
- Published by FAI Legal on 2026-10-12

## Quick quiz. No application.

Guess first, then swipe for the answer.

- **A. The suit abates**
- **B. The court may proceed**
- **C. Dismissed for default**

## Answer: B. Rule 3(2).

Order XXII, CPC.

> "Where within the time allowed by law no application is made or intimation is given under sub-rule (1), the Court may proceed with the suit and any order made or judgment pronounced in such suit shall notwithstanding the death of such plaintiff have the same force and effect as if it had been made or pronounced before the death took place." (Code of Civil Procedure, 1908 · Order XXII Rule 3(2))

## The basics.

Order XXII and the Limitation Act.

- **No abatement** Death does not cause the suit to abate if the right to sue survives (R.1).
- **Bring them in** On application, the legal representative is made a party (R.3(1)).
- **Ninety days** From the date of death, for plaintiff or defendant (Arts. 176 and 177).

## Name them early.

Order VII R.26 and Order VIII R.13.

- **In the plaint** A statement of the plaintiff's legal representatives and a nominee.
- **In the reply** The same from the defendant, with his written statement.
- **The nominee** Tells the court of the death, gives the names and applies.

## When a party dies.

Three steps, in this order.

- **Death** The right to sue survives (R.1).
- **Intimation** By the nominee, or an application (R.3, R.4).
- **On record** The legal representatives join and the suit proceeds.

## Decided without them?

Order XXII R.9.

- **Apply** A legal representative can apply to set aside an order or judgment made in his absence (R.9(2)).
- **Sufficient cause** Prove he was prevented by sufficient cause: the court sets it aside.
- **Sixty days** From the order or judgment (Art. 171); s.5 Limitation Act applies (R.9(3)).

## Myth or fact?

Death after arguments.

- **Myth: A party dies after arguments, before judgment. The case is over.**
- **Fact: No abatement takes place by death between the end of the hearing and the judgment (PLD 1988 SC 259).**

## Other events.

Order XXII R.7 and R.8.

- **Marriage** The marriage of a female party does not cause the suit to abate (R.7).
- **Insolvency** The plaintiff's insolvency does not abate it, unless the receiver declines to continue or give security (R.8).

## Party passed away?

Ask FAI in your own words. It answers with the exact rule and the judgments behind it.

- **The defendant died two years ago and the decree was passed against him. Can his heirs set it aside?**
- **Draft an application under Order XXII Rule 3 CPC.**

## Sources

- Code of Civil Procedure, 1908 · Order XXII Rule 3(2): Procedure in case of death of plaintiff

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