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Section 146: Proceedings by or against representatives

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 145 All 158 Sections of Code of Civil Procedure Section 147

Legal Commentary & Landmark Judgments: Section 146

Section 146 codifies the principle of representation in civil proceedings, providing that save as otherwise provided, where any proceeding may be taken or application made by or against any person, it may be taken or made by or against any person claiming under him.

  • Proceedings by/against Persons Claiming Under: 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.
  • Transferee Pendente Lite Standing: Enables assignees, purchasers pendente lite, and legal representatives to file execution petitions, appeals, and restoration applications.
  • Beneficent Construction: Interpreted liberally to ensure procedural remedies are available to all successors-in-interest without multiplicity of litigation.
Key Landmark Precedents:
  • Saila Bala Dassi v. Nirmala Sundari Dassi, AIR 1958 SC 394: The Supreme Court authoritatively held that Section 146 was introduced to facilitate the exercise of rights by persons claiming under a party; a purchaser pendente lite is entitled under Section 146 to prefer an appeal against an adverse decree affecting the purchased property.
  • Rikhu Dev v. Som Dass, (1976) 1 SCC 103: The Supreme Court held that Section 146 applies to devolution of interest during the pendency of a suit, allowing the transferee to step into the shoes of the alienor.
  • Zahirul Islam v. Mohd. Usman, (2003) 1 SCC 476: Reaffirmed that an application to set aside an ex-parte decree under Order 9 Rule 13 can be maintained by a transferee of the defendant under Section 146.
Courtroom Practice & Strategic Litigation Guidance:

If you purchased property during the pendency of a trial and the vendor colludes with the plaintiff to compromise the suit, file an application under Section 146 read with Order 22 Rule 10 to be impleaded and defend the suit.

Section 145 All 158 Sections of Code of Civil Procedure Section 147