When the liability of a person who is one of the parties to the suit depends upon the liability of a stranger to the suit, then an admission by the stranger in respect of his liability shall be an admission on the part of that person who is a party to the suit. It has been so provided under which Section of the Indian Evidence Act, 1872 ?
Explanation & Strategy
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When a party to a suit dies during proceedings, the question of abatement arises. Under Order XXII CPC, if the right to sue survives, the legal representatives must be substituted within the prescribed time. If the cause of action does not survive death, the suit abates. Section 40 and Order XXII work together on this.