CPC 1908 § Order XXII, Rule 4 — Procedure in case of death of one of several defendants or of sole defendant

Statutory text (English)

(1) Where
one of two or more defendants dies and the right to sue does not survive against the surviving
defendant or defendants alone 1[,or on receipt of an intimation of the death of such defendant from the
person nominated by him for that purpose under rule 13, Order VIII], or a sole defendant or sole
surviving defendant dies and the right to sue survives, the Court,on an application made in that behalf,
shall cause the legal representative of the deceased defendant to be made a party and shall proceed
with the suit.

(2) Any person so made a party may make any defence appropriate to his character as legal
representative of the deceased defendant.
2[
(3) When within the time limited by law no application is made or intimation is given under
sub- rule

(1), the Court may proceed with the suit, and any order made or judgment pronounced in
such suit shall, notwithstanding the death of such defendant, have the same force and effect as if it had
been pronounced before the death took place.].
3[
(4) It shall not be necessary to substitute the legal representatives of any such defendant who
has failed to file a written statement or has failed to appear and contest the suit at the hearing; and
judgment may in such case be pronounced against the said defendant notwithstanding his death, and
such judgment shall have the same force and effect as if had been pronounced before his death took
place.].

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order XXII, Rule 4 (DEATH, MARRIAGE AND INSOLVENCY OF PARTIES): Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (First Schedule, Orders I-LI, pp. 58-185), p. 127, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

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Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

1 historical record is linked to this section. Historical wording may be incomplete or pending verification; it is not presented as current law.

• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 127) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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