Where a question arises as to whether any person is or is not the legal representative of a deceased plaintiff or a deceased defendant, such question shall be determined by the Court: 1 [Provided that where such question arises before an Appellate Court, that Court may, before determining the question, direct any subordinate Court to try the question and to return the records together with evidence, if any, recorded at such trial, its findings and reasons therefor, and the Appellate Court may take the same into consideration in determining the question.] 1. Ins. by Act 104 of 1976, s. 73 (w.e.f. 1-2-1977).
Chapter ORDER XXII — Death, Marriage and Insolvency of Parties
Section Order XXII Rule 5
Determination of question as to legal representative
Printed from Law on Tips • The Code of Civil Procedure, 1908