https://www.taxtmi.com/caselaws?id=99565 Order 22, Rule 4 CPC applies only when death occurs during the pendency of a proceeding; it is not available where a respondent was already dead at the time of institution. In that situation, the deceased person is wrongly joined, and substitution under Order 22 is the wrong procedural route. If the deceased was a necessary party, the proper course is to seek impleadment or amendment under the relevant procedural provisions, including Order 1, Rule 10 or Order 6, Rule 17, in the main proceeding. The text distinguishes this from a case where the sole defendant is dead and notes that the application under Order 22 failed, while other procedural remedies remained open. en-us Wed, 25 Jan 1978 00:00:00 +0530 Fri, 27 Jan 2012 18:02:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=99565 Order 22, Rule 4 CPC applies only when death occurs during the pendency of a proceeding; it is not available where a respondent was already dead at the time of institution. In that situation, the deceased person is wrongly joined, and substitution under Order 22 is the wrong procedural route. If the deceased was a necessary party, the proper course is to seek impleadment or amendment under the relevant procedural provisions, including Order 1, Rule 10 or Order 6, Rule 17, in the main proceeding. The text distinguishes this from a case where the sole defendant is dead and notes that the application under Order 22 failed, while other procedural remedies remained open. Case-Laws Companies Law Wed, 25 Jan 1978 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=99565