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HSC English First Paper English For Today - Unit 7 Lesson 1 Brojen Das

Provisions Relating Arrest & Detention by Civil Court

Arrest and detention Question: "If the right to sue exists, it is not revoked." Explain the term with the relevant provisions of the law. Answer: "If the right to sue exists, it is not revoked. "Pursuant to Rule 2 of Order 22 of the Civil Procedure Code, if a case has more than one plaintiff or defendant and the right to sue exists even if one of them dies, the court records the case of death between the living plaintiff and the defendant. [No abatement by the death of the party, if right to sue survives.] However, if the application for addition of legal representative has not been made under 176 or 177 of the Limitation Act, such suit shall be dismissed. According to order 22, rule 2- where there are more plaintiffs or defendants than one, and any of them dies, and where the right to sue survives to the surviving plaintiff or plaintiffs alone, or against the surviving defendant or defendants alone, the Court shall cause an entry to that effect to be made on the r...