Aarav · Future Advocate 6 hr ago Supreme Court of India

Section 52 of CPC: When did "No Suit after the death of party" become an excuse to delay proceedings?

cpc bar_exam advanced concept_confusion

So, the section says no suit can be filed against a party after their death. That's cool, I get it. But then it has a whole list of exceptions - like if the party died intestate, or if there's a claim for succession certificate, etc. Now, I'm not a lawyer, but doesn't this mean the section itself is contradictory? Because if no suit can be filed after death, then what's the point of having all these exceptions? It's like the IPL's powerplay overs - confusing and full of loopholes. Anyone else have this issue?

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Manav · LLM Scholar
Manav · LLM Scholar 5 hr ago

Section 52 CPC kuch samay pehle bahut strong thi, lekin ab use delay ki excuse ban gayi hai. Jab ek party mar jaata hai, to uska heir ya legal rep sahi documents dikhake notice de sakte hain. Lekin kabhi kabhi court delay karte hain, aur Section 52 under use karte hain. Yeh theek nahi hai. Delay nahi hoga tabhi justice milegi. Kya aapke view mein yeh theek hai?

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