Now, in a situation where there was only one defendant and the right to sue survives even after his death or where there were multiple defendants in a civil suit but the right to sue was only with the deceased defendant, a party to the suit may file an application U/O XXII Rule 4 of the Code of Civil Procedure within a period of 90 days to bring the legal representatives of the deceased defendant on record. Such legal representatives will be considered as defendants in the ongoing civil suit after filing of the aforementioned application. Upon careful perusal of rule 4 a point to be noted is that even the plaintiff of the suit can file an application for bringing on record the legal representative of the deceased defendant. What does this mean?

Under Order XXII Rule 4 of the Code of Civil Procedure (CPC), if a party to a civil suit dies and the right to sue survives after their death, or if there were multiple defendants in a civil suit but the right to sue was exclusively with the deceased defendant, a party to the suit can file an application within 90 days to bring the legal representatives of the deceased defendant on record.

The legal representatives of the deceased defendant will then become parties to the ongoing civil suit and will be considered as defendants in place of the deceased defendant. This ensures that the legal proceedings can continue without interruption despite the death of one of the parties to the suit.

Importantly, not only the defendant's legal representatives but also the plaintiff of the suit can file an application to bring the legal representatives of the deceased defendant on record. This means that either party to the suit can take the necessary steps to ensure that the legal representatives of the deceased defendant are made a part of the ongoing litigation.

This provision in the CPC is aimed at ensuring that the rights and obligations of the deceased party are appropriately represented in the legal proceedings and that the case can proceed to a resolution in a fair and just manner, despite the unfortunate event of the death of a party to the suit.