A suit was filed against a living person but the appeal was filed after he was dead without impleadi...........

Civil Procedure Code (CPC) 1908 Reference and Review

A suit was filed against a living person but the appeal was filed after he was dead without impleading the legal representatives. In this case

Appellate Court has no power to amend under section 153 to implead the legal representatives in proper cases

Appellate Court cannot implead the legal representatives

The parties are required to file an application for impleadment under Order 22 and the Court has no power to amend by adding the names of the legal representatives

None of the above

छोटे Courses बड़े Results

Master Reference and Review

Prepare through Micro-courses

Try Now

Explanation:

- Option 1: Appellate Court has the power to amend proceedings and implead legal representatives under section 153, but it depends on the scenario and the court's discretion.

- Option 2: It's not accurate to say the Appellate Court cannot implead the legal representatives. It may do so if an application is made and the court deems it appropriate.

- Option 3: The parties are indeed required to file an application under Order 22, but the court does have the power to amend by adding legal representatives if proper procedures are followed.

- Option 4: None of the above is entirely correct. Courts have certain powers to amend proceedings and can allow for service to legal representatives if justified.

- Option 4 is correct because it better reflects the potential for the court to exercise its discretion and power.