Code of Civil Procedure, 1908 · Order XLV: Appeals To The Supreme Court

Order XLV Rule 9A CPC: Power to dispense with notices in case of deceased parties

Bare Act text

[9A. Power to dispense with notices in case of deceased parties.—Nothing in these rules requiring any notice to be served on or given to an opposite party or respondent shall be deemed to require any notice to be served on or given to the legal representative of any deceased opposite party or deceased respondent in a case, where such opposite party or respondent did not appear either at the hearing in the Court whose decree is complained of or at any proceedings subsequent to the decree of that Court:

Provided that notices under sub-rule (2) of rule 3 and under rule 8 shall be given by affixing the same in some conspicuous place in the court-house of the Judge of the district in which the suit was originally brought, and by publication in such newspapers as the Court may direct.]

Amendment notes

Ins. by Act 26 of 1920, s. 4.

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.

In simple words

The rules requiring notice to an opposite party or respondent do not require notice to the legal representative of a deceased opposite party or respondent who did not appear at the hearing in the Court whose decree is complained of or in any later proceedings. Notices under rule 3(2) and rule 8 must still be given by affixing them in a conspicuous place in the district Judge's court-house and by publication in newspapers the Court directs.