https://www.taxtmi.com/caselaws?id=194042 In a representative suit under Order 1 Rule 8 CPC, the death of the original plaintiff did not cause abatement, and a member of the represented body could be brought on record to continue the action. Because no specific limitation period applied, the residuary Article 181 of the Limitation Act, 1908 governed the substitution application, allowing three years from the plaintiff's death. The court could not dismiss the suit for default before that period expired, since dismissal at that stage was without jurisdiction. The later application for substitution was therefore valid and the representative suit could proceed. en-us Tue, 17 Feb 1931 00:00:00 +0530 Sat, 26 Aug 2017 11:25:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=194042 In a representative suit under Order 1 Rule 8 CPC, the death of the original plaintiff did not cause abatement, and a member of the represented body could be brought on record to continue the action. Because no specific limitation period applied, the residuary Article 181 of the Limitation Act, 1908 governed the substitution application, allowing three years from the plaintiff's death. The court could not dismiss the suit for default before that period expired, since dismissal at that stage was without jurisdiction. The later application for substitution was therefore valid and the representative suit could proceed. Case-Laws Indian Laws Tue, 17 Feb 1931 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=194042