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Report No. 85

Chapter 9

Effect of Death, and The Meaning of "Legal Representative"

Section 110a(1)(B)

9.1. Effect of death-Death of the wrong-doer.-

We propose to consider in this Chapter the position regarding the effect of death of the party to the proceedings in claims before the Tribunal. Broadly speaking, in a suit in a civil court, two questions-one substantive and the other procedural-come up for consideration when a party dies-(1) Does the cause of action survive after the death? (2) Assuming that the cause of action so survives, is any particular formal step to be adopted to bring the legal representative of the deceased party on the record?

Claims for Compensation under Chapter 8 of the Motor Vehicles Act, 1939 Back

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