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2. Death of either party not to abate suit. Proviso.-

No action commenced under the provisions of this Act shall abate by reason of the death of either party, but the same may be continued by or against the executors, administrators or representatives of the party deceased: Provided that, in any case in which any such action shall be continued against the executors, administrators or representatives of a deceased party, such executors, administrators or representatives may set up a want of assets as a defence to the action, either wholly or in part, in the same manner as if the action had been originally commenced against them.

1. The words "and provided such action shall be brought within one year after the death of such person" rep. by Act 9 of 1871, s. 2 and the First Schedule, see now the Indian Limitation Act, 1963 (36 of 1963).

2. The words "and so as such action shall be commenced within two years after the committing of the wrong" rep. by s. 2 and the First Schedule, ibid, see now Act 36 of 1963.



Legal Representatives' Suits Act, 1855 Back




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