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.
ORDER XXII DEATH, MARRIAGE AND INSOLVENCY OF PARTIES
What is the meaning of No abatement by party's death if
right to sue survives? What is the Procedure where one of
several plaintiffs or defendants dies and right to sue
survives? What is the Procedure in case of death of one of
several plaintiff or of sole plaintiff? What is the
Procedure in case of death of one of several defendants or
of sole defendant? What is Determination of question as to
legal representative? What is the meaning of No abatement by
reason of death after hearing? Rule
1, 2, 3, 4, 5 and 6 of Order XXII 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
ORDER XXIII WITHDRAWAL AND ADJUSTMENT OF SUITS
What is Withdrawal of suit or abandonment of part of
claim? Rule
1 of Order XXIII of Code of Civil Procedure 1908
ORDER XXIV PAYMENT INTO COURT
What is the meaning of Deposit by defendant of
amount in satisfaction of claim? What is Notice of
deposit? Is Interest on deposit not allowed to
plaintiff after notice? What is the Procedure where
plaintiff accepts deposit as satisfaction in part? Rule
1, 2, 3 and 4 of Order XXIV of Code of Civil Procedure 1908
ORDER XXV SECURITY FOR COSTS
When security for costs may be required front
plaintiff? What is the Effect of failure to furnish
security? Rule
1 and 2 of Order XXV of Code of Civil Procedure 1908
ORDER XXVI COMMISSIONS
What are the Cases in which Court may issue commission to
examine witness? What is Order for commission? Where witness
resides within Court's jurisdiction? Persons for whose
examination commission may issue? Process when Commission or
request to examine witness not within India? Is Court to
examine witness pursuant to Commission? What is Return of
commission with depositions of witnesses? When depositions
may be read in evidence? Rule
1, 2, 3, 4, 5, 6, 7 and 8 of Order XXVI of Code of Civil Procedure 1908
What are Commissions to make local investigations? What is
Procedure of Commissioner? What is Commission for scientific
investigations? Who will be in Commission for performance of
a ministerial act? How to constitute Commission for the sale
of movable property? Rule
9, 10, 10A, 10B and 10C of Order XXVI of Code of Civil Procedure 1908
What is Commission to examine or adjust accounts? What is
the meaning Court to give Commissioner necessary
instructions? What is Commission to make partition of
immovable property? What is Procedure of Commissioner? Rule
11, 12, 13 and 14 of Order XXVI of Code of Civil Procedure 1908
Is Expenses of commission to be paid into Court? What are
the Powers of Commissioners? What are the Questions objected
to before the Commissioner? Attendance and examination of
witnesses before Commissioner, Are Parties to appear before
Commissioner? Application of Order to execution proceedings,
Is Court to fix a time for return of commission? Rule
15, 16, 16A, 17, 18, 18A and 18B of Order XXVI of Code of Civil Procedure 1908
What are the cases in which High Court may issue commission
to examine witness? What is Application for issue of
commission? To whom commission may be issued? How to Issue,
execution and return of commissions, and transmission of
evidence to foreign Court? Rule
19, 20, 21 and 22 of Order XXVI of Code of Civil Procedure 1908
ORDER XXVII SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC
OFFICERS IN THEIR OFFICIAL CAPACITY
What are the
Suits by or against Government? Who are Persons authorised
to act for Government? What is Plaints in suits by or
against Government? What is the meaning of Agent for
Government to receive process? What is Fixing of day for
appearance on behalf of Government? Is Government to be
joined as a party in a suit against a public officer? What
is the Duty of Court in suits against the Government or a
public officer to assist in arriving at a settlement?
Attendance of person able to answer questions relating to
suit against Government, Extension of time to enable public
officer to make reference to Government, What is the
Procedure in suits against public officer? Is No security to
be required from Government or a public officer in certain
cases? What is Definitions of "Government" and "Government
pleader"? Rule
1, 2, 3, 4, 5, 6, 7, 8A and 8B of Order XXVII of Code of Civil Procedure 1908
ORDER XXVII A SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW
AS TO THE INTERPRETATION OF THE CONSTITUTION OR AS TO THE
VALIDITY OF ANY STATUTORY INSTRUMENT
Notice to the Attorney General or the Advocate - General,
What is the Procedure in suits involving validity of any
statutory instrument? Court may add Government as party?
What is the Power of Court to add Government or other
authority as a defendant in a suit relating to the validity
of any statutory instrument? Costs, What is Application of
Order to appeals? Rule
1, 1A, 2, 2A, 3 and 4 of Order XXVII A of Code of Civil Procedure 1908
ORDER XXVIII SUITS BY OR AGAINST MILITARY OR NAVAL MEN OR
AIRMEN
Can Officers, soldiers, sailors or airmen who cannot obtain
leave may authorize any person to sue or defend for them?
Person so authorized may act personally or appoint pleader,
Service on person so authorized, or on his pleader, to be
good service? Rule
1, 2 and 3 of Order XXVIII of Code of Civil Procedure 1908
ORDER XXIX SUITS BY OR AGAINST CORPORATIONS
What is Subscription and verification of pleading? How
Service on corporation? What is Power to require personal
attendance of officer of corporation? Rule
1, 2 and 3 of Order XXIX of Code of Civil Procedure 1908
ORDER XXX SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON
BUSINESS IN NAMES OTHER THAN THEIR OWN
How is Suing of partners in name of firm? Disclosure of
partners' names, Service, What are the Rights of suit on
death of partner? Notice in what capacity served? Appearance
of partners, No appearance except by partners, What is
Appearance under protest? Suits between co-partners, Suit
against person carrying on business in name other than his
own ? Rule
1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of Order XXX of Code of Civil Procedure 1908
