Draft Amendment to Rule 10-A of Order XXII of the Code of Civil Procedure
The High Court, Madras, through its Judicial Notifications, issued notification SRO C-4/2014, signed on 17 January 2014 and published in the Tamil Nadu Government Gazette on 19 February 2014. It proposes requiring the person covered by Rule 10-A of Order XXII of the Code of Civil Procedure, 1908 to provide details of a deceased person's legal representatives wherever possible, and invites written suggestions or objections before the proposal is finalised.
What the notification does
The High Court, Madras published notification SRO C-4/2014 as a draft amendment under Section 122 of the Code of Civil Procedure, 1908. The Judicial Notifications proposal would add a sentence to Rule 10-A of Order XXII in the First Schedule to the Code.
The additional sentence would require the person referred to as “he” in Rule 10-A to furnish details of the legal representatives of the deceased, wherever possible. The extract does not further identify that person or prescribe which details must be supplied.
Who may be affected
Notification SRO C-4/2014 is relevant to people whose interests, rights or claims may be affected, compromised or prejudiced by the proposed procedural change. In particular, it may matter where:
- A person involved in civil court proceedings has died.
- The deceased person's legal representatives need to be identified.
- A person has information about those legal representatives and is covered by the existing duty in Rule 10-A.
- A stakeholder wishes to object to, or suggest changes to, the proposed wording.
For a property buyer or owner, the notification may be relevant if a civil case concerning property involves a deceased person and the identification of that person's legal representatives. The source does not create a separate land registration, ownership or land use requirement.
Key provisions
The draft published by the High Court, Madras provides that:
- A new sentence would be inserted between the words “about it” and “and the court shall” in Rule 10-A.
- The inserted sentence would require details of the deceased person's legal representatives to be furnished wherever possible.
- The draft was published for information of the general public and affected stakeholders.
- Suggestions or objections had to be submitted in writing to the Registrar-General.
- The submission period was no later than 30 days from the date of issue of the initial publication of the amendment.
Status of the change
Notification SRO C-4/2014 describes the amendment as a proposal and invites public comments. The supplied text does not state that the amendment was finally adopted or brought into force.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Did this notification immediately change civil court procedure?
The supplied notification describes the amendment as a draft and invites suggestions or objections. It does not state that the change was finally adopted or brought into force.
What information would have to be provided under the proposed amendment?
The person covered by Rule 10-A would have to furnish details of the deceased person's legal representatives wherever possible. The notification does not specify the particular details required.
Does the notification directly change property ownership or registration rules?
No direct change to property ownership, registration or land use rules is stated. The proposal concerns civil court procedure when details of a deceased person's legal representatives may be needed.
Could the public object to the draft amendment?
Yes. Affected stakeholders could send written suggestions or objections to the Registrar-General within 30 days from the date of issue of the initial publication.
