If a sole defendant in a suit dies & no application for bringing on record the legal representative of deceased defendant has been moved,
Verified Answer
A. The proceedings shall be terminated on the expiry of 90 days from the date of death of defendant
B. The proceedings shall not terminate
C. The court can appoint an administrator of defendant & continue the proceedings
D. The proceedings shall be terminated immediately
Explanation:
As per Order XXII Rule 4 of the Code of Civil Procedure, 1908, if a sole defendant dies and an application to bring his legal representatives on record is not made within the period of limitation (which is 90 days from the date of death as per Article 120 of the Limitation Act, 1963), the suit abates against the deceased defendant. This means the proceedings terminate with respect to that defendant.