Legal representative entitlement to revive abated civil suits when successors step into the deceased's estate and challenge title instruments.
Persons claiming to be legal representatives of a deceased plaintiff may apply to set aside abatement under Order XXII by showing sufficient cause for being prevented from continuing the suit; the cause of action survives where successors step into the deceased's shoes to challenge instruments affecting title, and disputes over a will's genuineness are matters for trial rather than automatic bar to revival. (AI Summary)
Persons claiming to be legal representatives of a deceased plaintiff may apply to set aside abatement under Order XXII by showing sufficient cause for being prevented from continuing the suit; the cause of action survives where successors step into the deceased's shoes to challenge instruments affecting title, and disputes over a will's genuineness are matters for trial rather than automatic bar to revival. (AI Summary)
TaxTMI