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Criminal Procedure Code QUESTION #9473
Question 1
In a suit for partition of an ancestral house jointly owned by siblings A, B and C, the trial Court passes a preliminary decree. C dies before the final decree is passed, leaving a minor son D as legal heir. A applies for the suit to proceed. B argues the suit has abated due to C's death before the final decree. What is the correct legal position?
  • The suit continues; D as C's legal representative steps into C's shoes and the proceedings carry on✔️
  • The suit must be filed afresh including D as a party
  • The suit abates as C died before the final decree
  • The preliminary decree becomes final upon C's death
Correct Answer Explanation
Under Section 50 CPC read with Order XXII, where a party dies before a decree is fully satisfied or proceedings are concluded, the legal representative steps in. The suit does not abate merely because a party dies at an intermediate stage. D, as C's legal heir, must be brought on record and the suit continues.