Rule 10 of CPC : Rule 10: Procedure in case of assignment before final order in suit.

CPC

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Explanation using Example

Example 1:

Ravi filed a lawsuit against Shyam for the recovery of a piece of land. During the pendency of the suit, Ravi sold the land to Priya. According to Rule 10A of the Code of Civil Procedure 1908, Priya can request the court to continue the suit in her name instead of Ravi. The court, upon reviewing the request, grants permission, and the suit is now continued by Priya against Shyam.

Example 2:

Anil has a pending lawsuit against Bharat for a monetary claim. During the pendency of the suit, Anil becomes insolvent, and his interest in the claim is assigned to his creditor, Suresh. Suresh can apply to the court to continue the suit in his name. The court grants the application, and the suit is now continued by Suresh against Bharat.

Example 3:

Meena has a decree in her favor against Ramesh, but Ramesh has filed an appeal against the decree. During the pendency of the appeal, Meena's decree is attached by her creditor, Sunil, due to a separate debt Meena owes to Sunil. According to Rule 10A(2), Sunil is entitled to continue the appeal proceedings in place of Meena, as he now has an interest in the decree.

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