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Question no. 53006

Disputes regarding whether individuals qualify as legal representatives of deceased parties shall be resolved by__________________?

Select your answer for: Disputes regarding whether individuals qualify as legal representatives of deceased parties shall be resolved by__________________?
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Answer: A. The Court as provided in O. XXII, R. 5, of C.P.C

Explanation

Disputes regarding whether an individual qualifies as a legal representative of a deceased party are determined by the court under Order XXII, Rule 5 of the C.P.C. Procedural rules vest judges with the exclusive authority to resolve representation contests following a litigant's death. Determining rightful heirs prevents unauthorized individuals from hijacking ongoing civil lawsuits. Order XXII of the Civil Procedure Code governs the continuation of lawsuits when parties die during litigation. Legal representative disputes often arise in inheritance cases where multiple claimants vie to represent the estate. Judicial determination ensures that court judgments bind only the true lawful successors of the deceased.

Relevant parties cannot settle representation disputes independently because the court must make a formal judicial determination. Heirs of the deceased may be contesting parties, meaning the court must arbitrate rather than leaving it to them. Selecting none of these is wrong because Order XXII Rule 5 explicitly assigns this duty to the court.

Subject
Law
Topic
—
Difficulty
medium

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