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What happens if the Plaintiff dies before his or her case is determined?





Generally where the Plaintiff or Defendant dies, the death can not cause the suit to abate. If the rights to sue survives per Order XXII Rule 1 of Civil Procedure Act; thus 

i). If the Plaintiff dies before his or her case is determined the court is required on application made in that behalf; cause the legal representative of the deceased Plaintiff to be made a party and shall proceed with the suit. See Order XXII Rule 3(1), But where within the time limited by law no application is made by legal representative of the deceased Plaintiff, the suit shall abate so far as the deceased Plaintiff is concerned, and on application of the defendant, the court may award to him the costs which may have incurred in defending the suit, to be recovered from the estates of the deceased plaintiff per Order XXII rule 3(2) of the Civil Procedure Act.

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