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Showing posts from March, 2026

Order XXII CPC – Death, Marriage and Insolvency of Parties

Order XXII deals with the procedure to be followed when a party to a suit dies, marries, becomes insolvent, or when interest in the suit devolves upon another person during the pendency of litigation . The object is to ensure continuity of proceedings and prevent failure of justice due to change in parties . Rule 1 – No Abatement by Party’s Death if Right to Sue Survives The death of a plaintiff or defendant does not automatically cause the suit to abate , provided the right to sue survives . Principle If the cause of action is not personal to the deceased party and can be pursued by or against his legal representatives, the suit continues. Example Suit for recovery of money Suit relating to property rights Exception If the cause of action is personal , the suit abates. Example: Defamation Divorce Personal services Rule 2 – Procedure When One of Several Plaintiffs or Defendants Dies and Right to Sue Survives When there are multiple plaintiffs or defendants , and one of them dies: If t...