5. Determination of question as to legal representative.—Where a question arises as to whether any person is or is not the legal representative of a deceased plaintiff or a deceased defendant, such question shall be determined by the Court:
[Provided that where such question arises before an Appellate Court, that Court may, before determining the question, direct any subordinate Court to try the question and to return the records together with evidence, if any, recorded at such trial, its findings and reasons therefor, and the Appellate Court may take the same into consideration in determining the question.]
Amendment notes
- Ins. by Act 104 of 1976, s. 73 (w.e.f. 1-2-1977).
Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.
When a question arises whether a person is or is not the legal representative of a deceased plaintiff or defendant, the Court itself must decide it. If the question arises before an Appellate Court, that Court may first direct a subordinate Court to try the question and send back the records, any evidence recorded, its findings and its reasons. The Appellate Court may then take these into account when it decides. The proviso was inserted by the 1976 amendment.
