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Criminal procedure code 1973 section 256


06-Sep-2023 (In Criminal Law)
Plaintiff is dead in covid What will be with the concerned case?
Answers (2)

Answer #1
839 votes
No abetment by parties death if right to sue survive. It is about abatement of the suit by the parties if any of them dies during the pandency of the suit. On the death of plaintiff his survivor such as heirs or legal representative can lead the suit. If any case where right to does not survive the suit will come to an end.
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Advocate Krishnakant Pandey

Adv. Krishnakant Pandey

LawRato Mumbai | 25+ Answers
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Answer #2
727 votes
Hello, If the plaintiff has died and no application has been made by the legal heirs of plaintiff to bring them on Record within the stipulated time period the suit will stand abated as no steps are taken by the representative or legal heirs of the plaintiff under the provisions of Civil Procedure Code, 1908. Thank You.
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Advocate Shivam Pravin Singh

Adv. Shivam Pravin Singh

LawRatoMumbai | 25+ Answers
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