ORDER XXII DEATH, MARRIAGE AND INSOLVENCY OF PARTIES - RULE 7, 8, 9, 10, 10A, 11, 12 OF CODE OF CIVIL PROCEDURE 1908

What is the meaning of Suit not abated by marriage of female party? When plaintiffs insolvency bars suit? What is the Effect of abatement or dismissal? What is the Procedure in case of assignment before final order in suit? What is the Duty of pleader to communicate to Court death of a party? What is Application of Order to appeals? What is Application of Order to proceedings? Rule 7, 8, 9, 10, 10A, 11 and 12 of Order XXII of Code of Civil Procedure 1908

Suit not abated by marriage of female party, When plaintiffs insolvency bars suit, Effect of abatement or dismissal, Procedure in case of assignment before final order in suit, Duty of pleader to communicate to Court death of a party, Application of Order to appeals and Application of Order to proceedings are defined under Rule 7, 8, 9, 10, 10A, 11 and 12 of Order XXII of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 7 Order XXII of Code of Civil Procedure 1908 "Suit not abated by marriage of female party"

(1) The marriage of a female plaintiff or defendant shall not cause the suit to abate, but the suit may notwithstanding be proceeded with to judgment, and, where the decree is against a female defendant, it may be executed against her alone.

(2) Where the husband is by law liable for the debts of his wife, the decree may, with the permission of the Court, be executed against the husband also; and in case of judgment for the wife, execution of the decree may, with such permission, be issued upon the application of the husband, where the husband is by law entitled to the subject matter of the decree.

Rule 8 Order XXII of Code of Civil Procedure 1908 "When plaintiffs insolvency bars suit"

(1) The insolvency of a plaintiff in any suit which the assignee or receiver might maintain for the benefit of his creditors, shall not cause the suit to abate, unless such assignee or receiver declines to continue the suit or (unless for any special reason the Court otherwise directs) to give security for the costs thereof within such time as the Court may direct.

(2) Procedure where assignee fails to continue suit, or give security- Where the assignee or receiver neglects or refuses to continue the suit and to give such security within the time so ordered, the defendant may apply for the dismissal of the suit on the ground of the plaintiff's insolvency, and the Court may make an order dismissing the suit and awarding to the defendant the costs which he has insured in defending the same to be proved as a debt against the plaintiff's estate.

Rule 9 Order XXII of Code of Civil Procedure 1908 "Effect of abatement or dismissal"

(1) Where a suit abates or is dismissed under this Order, no fresh suit shall be brought on the same cause of action.

(2) The plaintiff or the person claiming to be the legal representative of a deceased plaintiff or the assignee or the receiver in the case of an insolvent plaintiff may apply for an order to set aside the abatement or dismissal; and if it is proved that he was prevented by any sufficient cause from continuing the suit, the Court shall set aside the abatement or dismissal upon such terms as to costs or otherwise as it thinks fit.

(3) The provisions of section 5 of the 46Indian Limitation Act, 1877 (15 of 1877) shall apply to applications under sub-rule (2).

2[Explanation.-Nothing in this rule shall be construed as barring, in any later suit, a defence based on the facts which constituted the cause of action in the suit which had abated or had been dismissed under this Order.

Rule 10 Order XXII of Code of Civil Procedure 1908 "Procedure in case of assignment before final order in suit"

 (1) In other cases of an assignment, creation or devolution of any interest during the pendency of a suit, the suit may, by leave of the Court, be continued by or against the person to or upon whom such interest has come or devolved.

(2) The attachment of a decree pending an appeal therefrom shall be deemed to be an interest entitling the person who procured such attachment to the benefit of sub-rule (1).

Rule 10A Order XXII of Code of Civil Procedure 1908 "Duty of pleader to communicate to Court death of a party"

Wherever a pleader appearing for a party to the suit comes to know of the death of that party, he shall inform the Court about it, and the Court shall there upon give notice of such death to the other party, and, for this purpose, the contract between the pleader and the deceased party shall be deemed to subsist.

Rule 11 Order XXII of Code of Civil Procedure 1908 "Application of Order to appeals"

In the application of this Order to appeals, so far as may. be, the word "plaintiff" shall be held to include an appellant, the word "defendant" a respondent, and the word "suit" an appeal.

Rule 12 Order XXII of Code of Civil Procedure 1908 "Application of Order to proceedings"

Nothing in rules 3, 4 and 8 shall apply to proceedings in execution of a decree or order.

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