When can a court exempt substituting legal representative ?

The Court whenever it thinks fit, may exempt the plaintiff from the necessity of substituting the legal representatives of any such defendant who has failed to file a written statement or who, having filed it, has failed to appear and contest the suit at the hearing; and judgment may, in such case, be pronounced against the said defendant and shall have the same force and effect as if it has been pronounced before death took place. – suit will not abate

Refer : Mata Prasad Mathur (dead) by LRs. Vs. Jwala Prasad Mathur and Others

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