A court case in Pakistan does not automatically end when one of the parties dies. The law provides a clear procedure: the deceased person's legal heirs are brought on record in place of the deceased, and the case continues from exactly the stage it had reached. This is governed by Order XXII of the Code of Civil Procedure, 1908.
The Short Answer
When a plaintiff or defendant in a civil suit dies, the surviving party must apply to the court to substitute the deceased's legal representatives (heirs) as parties to the case. The critical deadline is 90 days from the date of death, prescribed by Article 177-A of the Limitation Act, 1908. If no substitution application is filed within those 90 days, the suit abates — it comes to an end as against the deceased party — and reviving it afterwards requires a separate application to set aside the abatement, which courts grant only on sufficient cause.
Order XXII Rules 1 to 4: How Substitution Works
- Rule 1: The death of a plaintiff or defendant does not cause the suit to abate if the right to sue survives (which it does in most property, money and contract cases).
- Rule 2: If there are multiple plaintiffs or defendants and one dies, the court records the fact and the surviving parties continue.
- Rule 3: If the sole plaintiff (or the only surviving plaintiff) dies, the court — on an application by the deceased's legal representatives — substitutes them as plaintiffs.
- Rule 4: If the sole defendant (or the only surviving defendant) dies, the plaintiff applies to substitute the deceased's legal representatives as defendants.
The 90-Day Deadline Is the Heart of the Matter
Article 177-A of the Limitation Act, 1908 gives you 90 days from the date of death to file the substitution application. This is a hard deadline. Courts treat it seriously because the whole point is to keep litigation moving — the case cannot hang in limbo while heirs are untraceable. Mark the date of death and count 90 days; do not wait for the next hearing date to act.
What Happens If You Miss the Deadline: Abatement
If the 90 days pass without an application, the suit abates against the deceased party. Abatement is not a mere technicality — it kills the claim against that party. To revive it, you must apply to set aside the abatement and explain the delay with sufficient cause (for example, you genuinely did not know of the death, or the heirs could not be traced). Courts can condone the delay, but they are not obliged to, and "I forgot" is not sufficient cause.
Practical Steps: What to Do When a Party Dies
- Get the death certificate from NADRA or the Union Council as soon as you learn of the death.
- Prepare a list of legal heirs, usually from the NADRA Family Registration Certificate (FRC).
- File the substitution application under Order XXII Rule 3 (if the plaintiff died) or Rule 4 (if the defendant died) in the same court, attaching the death certificate and heir list.
- The court issues notice to the heirs. Once they are substituted on record, the case proceeds from the stage it had reached — no need to restart, re-file, or re-lead evidence.
Criminal Cases Work Differently
Order XXII applies to civil suits. In criminal cases, the death of the accused generally ends the prosecution against that person (a dead person cannot be tried or punished), though civil claims arising from the same facts — such as a suit for damages — continue against the deceased's estate through the heirs.
Frequently Asked Questions
Q: Does the whole case restart when legal heirs are substituted? A: No. That is the main advantage of Order XXII. The substituted heirs step into the shoes of the deceased, and the case continues from the exact stage it had reached — all evidence already recorded and all orders already passed remain valid. Nothing already done needs to be repeated.
Q: What if the heirs refuse to join the case? A: If the deceased's legal representatives do not apply themselves, the surviving party's application under Rule 3 or Rule 4 is enough — the court issues notice to the heirs and can substitute them. An heir who is properly served and ignores the notice cannot later complain that the case proceeded without them.
Q: What if I only learn of the death after the 90 days have passed? A: File the substitution application together with an application to set aside the abatement, explaining when and how you learned of the death. Courts accept genuine lack of knowledge as sufficient cause, but you must move promptly once you know — further delay after learning of the death will not be condoned. Disclaimer: This article is general information, not legal advice. Consult a qualified advocate for your specific case.
The Bottom Line
This article provides general legal information for readers in Pakistan and is not legal advice. For advice about your own situation, consult a qualified advocate.