Order 15 Court Of Appeal Rules 2021

Order 15 of the Court of Appeal Rules 2021 is about Death of Party and Change of Name of Party to an Appeal. It contains the following rules:

Order 15 Rule 1 Court of Appeal Rules 2021 – Duty to Counsel

It shall be the duty of Counsel representing a party to an appeal to give immediate notice of the death of that party to the Registrar of the lower court or to the Registrar of the Court (as the case may require) and to all other patties affected by the appeal as soon as he becomes aware of the fact.

Order 15 Rule 2 Court of Appeal Rules 2021 – Addition or Substitution of Party

Where it is necessary to add or substitute a new party for the deceased, an application shall, subject to the provisions of Order 4 Rule 11, be made in that behalf to the lower court or to the Court either by any existing party to the appeal or by any person who wishes to be added or substituted.

Order 15 Rule 3 Court of Appeal Rules 2021 – Power of Court to strike out Appeal

Where an appeal has been set down for hearing and the Court is or becomes aware that a necessary party to the appeal is dead, the appeal shall be struck off the hearing list unless an application for substitution is made.

Order 15 Rule 4 Court of Appeal Rules 2021 – Change of Name of Party

Where the name of a party to an appeal changes during the pendency of the appeal, the party or the Appellant shall apply to the Court, in the manner prescribed in these Rules, for an order of substitution.