Section 22
Effect of substituting or adding new plaintiff or defendant
State OrdinanceIn forceProvision 22 of 26
Section 22
When, after the institution of a suit, a new plaintiff or defendant is substituted or added, the suit shall, as regards him, be deemed to have been instituted when he was so made a party:
Provided that⎯
Proviso where original plaintiff dies
(a)
when a plaintiff dies and the suit is continued by his legal representative, it shall, as regards him, be deemed to have been instituted when it was instituted by the deceased plaintiff; and
Proviso where original defendant dies.
(b)
when a defendant dies and the suit is continued against his legal representative, it shall, as regards him, be deemed to have been instituted against the deceased defendant.