Section 146 of The Code of Civil Procedure, 1908
Proceedings by or against representatives.
Save as otherwise provided by this Code or by any law for the time being in force, where any proceeding may be taken or application made by or against any person then the proceeding may be taken or the application may be made by or against any person claiming under him.
Summary
- This section allows legal successors to take part in court actions.
- If a person is allowed to start a proceeding or make an application, then anyone claiming a right under them can also do so.
- It ensures that rights in a case can be carried on by heirs or those who buy the interest in a property.
- These rules apply unless the Code of Civil Procedure, 1908, or another law specifically says otherwise.
FAQ
1. Who can file an application under Section 146 of The Code of Civil Procedure, 1908?
Any person who claims a legal right or interest under someone who was originally entitled to take that proceeding can file an application under Section 146 of The Code of Civil Procedure, 1908.
2. Does Section 146 of the CPC apply if there is a more specific rule?
No, Section 146 of the CPC only applies if the Code or another law has not provided a different specific procedure for that situation.
3. Can a legal heir continue a case using Section 146 of the Code of Civil Procedure, 1908?
Yes, Section 146 of the Code of Civil Procedure, 1908, is frequently used by legal heirs to take proceedings that their deceased relative was entitled to take.
Test yourself
1.Under Section 146 of The Code of Civil Procedure, 1908, who is generally allowed to take a proceeding?
2.When does Section 146 of The Code of Civil Procedure, 1908, NOT apply?
3.According to Section 146 of The Code of Civil Procedure, 1908, what can a representative do?
4.If a person buys a property that is the subject of a lawsuit, can they make an application in that suit under Section 146 of The Code of Civil Procedure, 1908?