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Where a question arises as to whether any person is or is not the legal representatives of the deceased plaintiffs or defendants such question shall be determined by__________________?

Correct answer: D. The Court as provided in O. XXII, R. 5, of C.P.C

  • A. None of the these
  • B. The relevant parties as provided in O. XXII, R. 5, of C.P.C
  • C. The heirs of the deceased as provided in O. XXII, R. 5, of C.P.C
  • D. The Court as provided in O. XXII, R. 5, of C.P.C

Explanation

Order XXII Rule 5 directs the Court to determine disputes about whether a person is the legal representative of a deceased party. The question is therefore decided judicially, not by the heirs or other parties themselves.

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Civil law governs disputes involving private rights, including contracts, property, family relations, torts and compensation. The subject explains breach of duty, civil liability, damages, specific relief, injunctions and other remedies, while distinguishing private claims between individuals from criminal proceedings brought to punish offences against the state.

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