Section 4
கருத்துகள் மற்றும் உதவிஅதிகாரப்பூர்வ ஆங்கில மொழிபெயர்ப்பு. சிங்கள அல்லது தமிழ் உரையிலிருந்து வேறுபடும் இடங்களில் எந்த உரை மேலோங்கும் என்பதைச் சட்டமே குறிப்பிடுகிறது.
Section 398 of the principal enactment is hereby repealed and the following section substituted therefor:—
“Of substi-
398.
principal enactment
If there be more defendants than represen one and any of them die before decree, and tatives of the right to sue on the cause of action does oreanens not survive against the surviving defendant or defendants alone and also in case of the death of a sole defendant, or sole surviving defendarit where the right to sue survives, the plaintiff may—
make an application to court by way of summary procedure, supported by affidavit, specifying the name, des-cription and place of abode of any person whom he alleges to be the legal representative of the deceased defendant, and whom he desires to be made the defendant in his stead ; or
where prohate of the will or letters nf administration to the estate of the deceased defendant has not been issued or its issue is likely to be unduly delayed, make an applica-tion to court by way of summary procedure supported by affidavit description and place of abode of any person whom he alleges to be the person to whom probate of the will or letters of administration to the estate of the deceased defendant would ordinarily be issued, specifying the name, whom he desires to be made the defendant in place of the deceased defendant. Such application also specify the name, description and vlace of abode of the person or persons whom the plaintiff alleges to be the heir or heirs of the deceased ; or
where such defendant has died intestate, make an application to court by way of summary pro-cedure supported by affidavit specifying the name, description and place cf abode of any person whom he alleges to be the legal represen-tative of the deceased, and whom he desires to be made the defendant in his stead. Such application shall also specify the name, description, and place of abode of the person or persons whom the applicant alleges to be the heir or heirs of the deceased.
Upon receipt of an application under paragraph (a) of subsection (1), the court may being satisfied that there are grounds therefor, enter the name of such represen-tative on the record in the place of such defendant, and shall issue summons, (in the
From No. 71 in the First Schedule) to such representative to appear on a day to be therein mentioned to defend the action, anid the case shall thereupon proceed in the same manner as if such representative had originally been made defendant and had been a party to the former proceedings in the action:
Frovided however, that the person so made defendant may object that he is not the Jegul representative of the deceased defendant, or make any defence appropriate to his character as such representative.
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 defendant have not been issued or that its issue is likely to be unduly delaved, and after the issue of notice on the person alleged in such application to be the person to whom probate of the will or letters of administration to the estate of the deceased defendant would ordinarily be issued and such other persons if any, and after causing notice of such application,
(in the form No. 71A in the First Schedule)
to be advertised in a local newspaper to be selected by the court or by such other mode of advertisement in Heu 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 name of the person who appears to the court to be the person to whom probate cf the will or letters of administration to the estate of the deceased defendant weuld ordinarily be issued, be entered in ihe record in place of the deceased defendant and the case shall there-upon proceed in the same manner as if such nerson had originally been made a defendant and had been a party to the former pro-ceedings in that action:
Provided however, that such order may be made only after a period of six months has elapsed after the death of the deceased defendant and the person ti be so made defendant may object that he is not the perscn to whom probate of the will or letters of administration te the estate of the deceased defendant would ordinarily be issued or that he shorld not be made defendant in place of the deceased defendant, and may, upon his name being entered in the record in place of the deceas-ed defendant, make any defence appropriate to kis character as representative of the deceased defendant.
Upon receipt of an application under paragraph (c) of subsection (1), the court being satisfied that there are grounds there-for, 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 (in the form No. 71A in the First Schedule) to be
Civil Procedure Code (Ameadment)
advertised in a local newspaper to he selected by the court or by such 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, the court may order, that the name of such representative or such other person as the court may consider fit be entered of record in place of the deceased defendant and the case shall thereupon proceed in the same manner as if such person had ori-ginally been made a defendant, and had been a party to the former proceedings in the action
:
Provided, however, that such order may be made only after a period of six months has elapsed after the death of the deceased defendant and the person to be so made defendant may object that he is not the legal representative of the deceased defendant, or that he should not be appoint-ed in place of the deceased defendant and may, upon his name being entered in the record in place of the deceased defendant, make any defence appropriate to his character as representative of the deceased defendant.
The legal representative of a deceased defendant may apply to have himself made a defendant in place of a deceased defendant and the provisions of this section, so far as they are applicable, shall apply to the application and to the proceedings resulting from such an application.
Where after an order has been made under subsection (2) or subsection (3) of this section, an executor or administrator
{s appointed in proceedings instituted under
Chanter XXXVIII of this Code, such executor or a¢ministrator shall be substituted in place of the person appointed under subsection (2) cr subsection (3), on the application by way of summary procedure supported by affidavit made by the plaintiff or any other party to the action or by such executor or administrator himself, and the action shall thereupon proceed in the same manner as if such executor or administrator had originally been made a defendant and had been a party to the former proceedings in the action.
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