UPHJS2012
Pre. Exam

35. A pleader has a duty to inform the court about the death of parties under-
(A) Order 22 Rule 1 C.P.C.
(B) Order 22 Rule 4 C.RC.
(C) Order 22 Rule 8 C.P.C.
(D) Order 22 Rule 10A C.P.C.

Answer and Notes Answer is D



UPHJS2009
Pre. Exam

27. In a miscellaneous appeal arising out of a pending suit defendant appealant dies and an application for substitution is filed and allowed. Appeal is decided three years thereafter. Subsequently, when the suit is taken up, an objection that the suit has abated as no application to substitute the heirs of the deceased was filed therein within the prescribed period, is raised from the side of the defendant. Suggest the stand legally open to such plaintiff?
(A) Plaintiff may apply for substitution with an application for condonation of delay
(B) Information of death of defendant was not given to the trial court, therefore, shelter of Order 22 Rule 10 CPC may be invoked
(C) Record of the trial court was in appeal and thus, the plaintiff was prevented by sufficient cause in not filing the substitution application earlier
(D) The substitution allowed in miscellaneous appeal would ensure in the suit also and application for substitution is not required as the heirs are on the record

Answer and Notes Answer is D