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Death-And Insolvency Of Parties

CHAPTER 2. DEATH AND INSOLVENCY OF PARTIES

Art.48.-Party’s death if right to sue survives

(1)    The death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives.
(2)    Where one of several plaintiffs or defendants dies and 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 that 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.

Art.49.- Death of several plaintiffs or of sole plaintiff

(1)    Where one of several 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 sue survives, the court, on an application made in that behalf, shall cause the legal representative of the decreased plaintiff to be made a party and shall proceed with the suit.
(2)    Where within one year from the death of the plaintiff no application is made under sub-art. (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 plaintiff’s estate.
(3)    Nothing in this Article shall apply to proceedings in execution of a decree or order.

Art. 50.- Death of one of several defendants or of sole defendant

(1)    Where one of several defendants dies and the right to sue does not survive against the surviving defendant or defendants alone, or a sole defendant or sole surviving defendant dies and the right to sue survives, the court, on an application made in that behalf, shall cause the legal representative of the deceased defendant to be made a party and shall proceed with the suit.
(2)    Any person so made a party may make any defense appropriate to his character as legal representative of the deceased defendant.
(3)    Where within one year from the death of the defendant no application is made under sub-art. (1), the suit shall abate as against the deceased.
(4)    Nothing in this Article shall apply to proceedings in execution of a decree or order.

Art. 51.- Right of suit on death of partner

(1)    Where two or more persons may sue or be sued inn the name of a firm and any of such persons dies, whether before this institution or the pendency of any suit, it shall not be necessary to join the legal representative of the deceased as a party to the suit.
(2)    Nothing in sub-art. (1) shall limit or otherwise affect any right which the legal representative of the deceased may have,
(a)    to apply to be made a party to the suit; or
(b)    to enforce any claim against the survivor or survivors.

Art. 52- Question as to legal representative

Where a question arises as to whether any person is or is not the legal representative of a deceased plaintiff or a deceased defendant, such question shall be determined by the court, or the court may, if it deems it more convenient to do so and an not withstanding any thing contained in the preceding Articles, appoint an administrator ad litem to represent the estate.

Art.53-  Death after hearing

Notwithstanding anything contained in the preceding Articles, whether the cause of action survives or not, there shall be no abatement by reason of the death of either party between the conclusion of the hearing and the pronouncing of the judgment, but judgment, may in such case be pronounced notwithstanding the death and shall have the same force and effect as if it had been pronounced before the death took place.

Art. 54- Plaintiffs insolvency

(1)    The insolvency of a plaintiff in any suit which the assignee or receiver might maintain for the benefit of his creditors, shall not cause the suit to abate, unless such assignee or receiver declines to continue the suit or, unless for any special reason the court otherwise directs, to give security for the costs thereof within such time as the court may direct.
(2)    Where the assignee or receiver neglects or refuses to continue the suit and to give such security within the time so ordered, the defendant may apply for the dismissal of the suit on the ground of the plaintiff’s insolvency, and the court may make an order dismissing the suit and awarding to the defendant the costs which he has incurred in defending the suit, to be recovered from the plaintiff’s estate.
(3)    Nothing in this Article shall apply to proceedings in execution of a decree or order.

Art.55- Effect of abatement or dismissal

(1)    Where a suit abates or is dismissed under the provisions of this Chapter no fresh suit shall be brought on the same cause of action.
(2)    The plaintiff or the person claiming to be the legal representative or a deceased plaintiff or the assignee or the receiver in the case of an insolvent plaintiff may apply for an order to set aside the abatement or dismissal within months from the date of the abatement or dismissal.
(3)    Where it is proved that the applicant was prevented by any sufficient cause from continuing the suit, the court shall set aside the abatement or dismissal upon such terms as to costs or other wise as it thinks fit.

Art.56- Assignment before final order in suit

In order cases of an assignment, creation or devolution of any interest during the pendency of a suit, the suit may, by leave of the court, be continued by or against the person to or upon whom such interest has come or devolved.