1. Short title

This Act may be cited as the Civil Procedure Code

{Amendment) Act, No. 6 of 1990.

Insertion of new section 14a in Chapter 101.

2 The following new section is hereby inserted immediately after section 14 of the Civil Procedure Code

(Chapter i191) (hereinafter referred to as the “ principal enactment”) and shall have effect as section 14 of that enactment :—

We titation 14a, (1) Where, a person against whom person the right to any relief is alleged to exist is egainst dead and the right to sue for such relief sur-tight to any

Vives, the person in whom such right is teat

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alleged to exist, may make an application exist dies by way of summary procedure supported by ond ine affidavit to the court in which an action for sue for the same may be instituted, in the following relie

.

survives.

manner. .——

where such person has died intestat leaving an estate, specifying the name, description, and place of abode of any’ person whom he alleges to be the legal representative, as defined in section 394 (2), of the deceased and whem he desires to be made the defendant in the pro-posed action in place of the deceased. Such application shall also specify the name,- description, and place of abode of the person or persons whom the applicant alleges to be the other heir or heirs of the deceased

where probate of the will or letters of administration to the estate of the deceased has not been issued or its issue is likely to be unduly delayed, specifying, the name, description, and place of abode of any person whom he alleges to be the person to j eo whom probate of the will or letters of administration to the estate of the deceased would ordinarily be issued and whom he desires to be made the defendant in the proposed action in place of the deceased.

Upon receipt of an application under paragraph (a) of subsection (1), and the court where it is satisfied that there are grounds therefor, and, after the issue of notice on the representative named in such application and such other persons, if any, and after causing notice of such application,

Upon receipt of an application under paragraph (b) of subsection (1), the court may, where it is satisfied that probate of the will or letters of administration to the estate of the deceased has not been issued or is likely to be unduly delayed, and, after the issue of notice on the person alleged in such application to be the person to whom pro-bate of the will or letters of administration to the estate of the deceased would ordina-rily be issued and such other persons, if any, causing notice of such application, (in the form No, 2A in the First Schedule) to be advertised in a local newspaper to be select-ed by the court or by some other mode of advertisement in lieu of such publication as to the court seems sufficient, and after such inquiry as the court may consider necessary and upon such terms as it thinks fit, order that the person, who appears to the court to be the person to whom probate of the will or letters of administration to the estate of the deceased would ordinarily be issued, be ap-pointed in place of the deceased, for the institution on such action:

Notwithstanding the provisions of sub-section (2) or subsection (3), the court may make an order under any one of those sub-sections, only where—

it is satisfied that the delay in the in-stitution of the action would render such action not maintainable by rea-son of the provisions of the Prescri-ption Ordinance ; or

a period of six months had lapsed after the death of the deceased.

Where after an order appointing a re-presentative in place of the deceased has been made under subsection (2) or subsec-tion (3) and an action instituted against such person in place of such deceased, an executor of the will, or, an administrator of the estate, as the case may be, of such dec2a-sed, is appointed in proceedings instituted under Chapter XXXVIIT. of this Code, such executor or administrator shall, on the app-lication by way of summary procedure, sup-ported by affidavit, made by the plaintiff or any other party to such action or by such executor or administrator, be substituted in place of the person appointed under subsec-tion (2) or subsection (3), and the action shall thereupon proceed in the same manner as if such executor or administrator had ori-ginally been made a defendant, and had been a party to the previous proceedings in the action.

When the action is fora sum of money due to the plaintiff, the court may, in the decree order interest according to the rate agreed on between the parties by the instrument sued on, or in the absence of any such agreement at the legal rate, to be paid, on the principal sum adjudged from the date of action to the date of the decree, in addition to any interest adjudged on such principal sure for any period prior to the institution of the action, with further interest at such rate on the aggregate sum so adjudged from the date of the decree to the date of pay-ment, or to such earlier date a: the court thinks fit.

For the purposes of this section, “ the legal rate” means the rate per centum per annum determined by the Monetary Board established by the Monetary Law Act, by

Where such decree is silent with re-gard to the payment of further interest on such aggregate sum as aforesaid from the date of the decree to the date of payment or other earlier date, the court shall be