Section 7 - Suits Not to Abate under the Societies Registration Act, 1860
Section 7 safeguards the continuity of civil suits and proceedings involving a registered society when the individual representing the society dies or ceases to hold the relevant office or capacity.
Text of Section 7: Suits not to abate
No suit or proceeding in any Civil Court shall abate or discontinue by reason of the person, by or against whom such suit or proceedings shall have been brought or continued, dying or ceasing to fill the character in the name whereof he shall have sued or been sued, but the same suit or proceeding shall be continued in the name of or against the successor of such person.
Source: Societies Registration Act, 1860 (India Code, official text).
Meaning and legal effect of Section 7
The expression "suits not to abate" means that an existing civil case does not automatically terminate merely because the officer or representative in whose name the society sues, or is sued, has died or ceased to occupy that position. Instead, the proceeding continues in the name of or against the successor.
When does Section 7 apply?
- Death of a representative: The death of the president, secretary, trustee or other authorised person named in the proceeding does not, by itself, end the case.
- Resignation or removal: If the representative resigns, is removed or otherwise ceases to hold the capacity in which the suit was instituted, the proceeding may continue through the successor.
- Change of office-bearer: A change in the governing body's office-holders need not require a fresh suit solely because the named representative has changed.
Relationship with Sections 6 and 8
Section 6 identifies the persons in whose names a registered society may sue or be sued, according to its rules or the governing body's appointment. Section 7 complements that provision by preserving continuity when such a person is succeeded by another.
Section 8 addresses enforcement of a judgment against the society's property rather than the personal property or body of the officer named solely on its behalf.
Practical procedure for substitution
When a representative changes during pending litigation, the society or concerned party should bring the change to the civil court's notice, identify the successor, and supply the relevant society records, resolutions or appointment documents as required. The court may direct amendment or substitution in the case record in accordance with applicable procedural law.
Section 7 prevents abatement on the specified ground; it does not dispense with the need to establish the successor's authority, resolve disputes about office-holding, or comply with other applicable procedural requirements. The India Code portal provides access to the Code of Civil Procedure, 1908 and other central enactments.
Illustration
Suppose a registered society files a civil suit through its secretary. During the case, that secretary resigns and another secretary is duly appointed. Section 7 prevents the suit from ending solely because the original secretary has ceased to hold office. The suit may proceed through the successor, subject to the court recording the appropriate change.
Important points
State-specific law: The Societies Registration Act, 1860 has been amended or replaced in some States. The applicable State enactment, amendments, society rules and judicial directions should be checked before relying on the central text for a particular dispute.
Related provisions and official resource
Read the Societies Registration Act, 1860 overview, Section 6 on suits by and against societies, and the official Act text.