Suits by Indigent Persons Under CPC
Legal Representative under CPC
Definition
The term Legal Representative is defined in Section 2(11) of the Code of Civil Procedure, 1908.
Section 2(11) CPC states:
“Legal representative” means a person who in law represents the estate of a deceased person and includes an executor, administrator, and any person who intermeddles with the estate of the deceased.
Explanation
A Legal Representative is someone who stands in the place of a deceased person for the purpose of continuing legal proceedings.
The legal representative is entitled to sue or be sued on behalf of the deceased.
They represent the estate or the legal heirs of the deceased.
Types of Legal Representatives
Executor: A person appointed by a will to administer the deceased’s estate.
Administrator: A person appointed by the court to administer the estate if there is no will.
Persons who intermeddle: Those who assume control over the estate even without formal appointment (also called "de facto" legal representatives).
Purpose of the Legal Representative
To ensure continuity of legal proceedings even after the death of a party.
To protect the rights and interests of the deceased person’s estate.
To avoid abatement of proceedings due to death.
Relevant Provisions in CPC
Section 52 CPC: When a party to a suit dies, the suit does not abate, and it continues with the legal representative.
Order XXII CPC deals extensively with the procedure to be followed after the death of a party.
The legal representative can apply for substitution under Order XXII Rule 3.
Important Points
The legal representative must establish his status by producing a probate, letters of administration, succession certificate, or by other legal means.
The court must be satisfied that the person claiming to be legal representative is rightfully entitled.
The legal representative inherits both rights and liabilities of the deceased in the suit.
Case Law on Legal Representative
1. Union of India v. Dhanwanti Devi, AIR 1964 SC 1572
Held: The legal representative has the same right as the deceased in continuing the suit.
Observation: Death of a party does not result in abatement; the legal representative steps in.
2. Amar Nath & Co. v. Punjabi University, AIR 1978 SC 1691
Held: The legal representative stands in the shoes of the deceased, and the court must ensure proper substitution.
Principle: The estate of the deceased must not be prejudiced by procedural lapses.
3. S.B. Kharwar v. Union of India, AIR 1981 SC 1585
Held: The legal representative must be properly appointed or recognized by the court to continue proceedings.
Observation: Unauthorized persons cannot represent the deceased.
4. Smt. Chhaya v. State of Maharashtra, AIR 1966 SC 181
Held: Persons who intermeddle with the estate may be treated as legal representatives for purposes of the suit.
Distinction Between Legal Representative and Next Friend
| Aspect | Legal Representative | Next Friend |
|---|---|---|
| Definition | Person who represents the deceased’s estate | Person who represents a minor or lunatic |
| Basis | By law, succession, or legal appointment | By permission of court |
| Role | Substitute for deceased party | Litigate on behalf of minor or incapacitated person |
| Examples | Executor, Administrator | Guardian ad litem |
Summary
| Aspect | Explanation |
|---|---|
| Legal Definition | Person representing the deceased in legal proceedings (Section 2(11) CPC) |
| Who can be Legal Representative | Executor, Administrator, or person intermeddling with estate |
| Purpose | To continue suit after death of a party |
| Relevant CPC Provisions | Section 52, Order XXII CPC |
| Requirements | Proper appointment, production of legal documents |
| Rights | Same rights and liabilities as deceased |
| Key Cases | Union of India v. Dhanwanti Devi, Amar Nath v. Punjabi University, S.B. Kharwar v. Union of India |
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