Code of Civil Procedure, 1908–Order 22, Rules 4 & 10A–Substitution of LRs./abatement of suit–Legal aspects-
(1) Limitation for substitution of LRs. of a deceased-plaintiff/defendant commences from the date of death and not from the date of knowledge.
(2) The abatement on non-filing of an application for substitution of the LRs. within the prescribed limitation is automatic.
(3) The provisions of Order 22, Rule 10A CPC do not automatically extend the period of limitation provided under Arts. 120 & 121 of the Limitation Act.
