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Rule 9 of CPC : Rule 9: Effect of abatement or dismissal.

The Code of Civil Procedure, 1908

THE FIRST SCHEDULE

ORDER XXII: DEATH, MARRIAGE AND INSOLVENCY OF PARTIES

Rule 9: Effect of abatement or dismissal.

Explanation using examples

Example 1:

Scenario: Ramesh files a lawsuit against Suresh for breach of contract. During the proceedings, Ramesh passes away, and no legal representative steps forward to continue the case within the prescribed time.

Application of Rule 9:

  1. Abatement of Suit: Since no legal representative of Ramesh comes forward, the suit abates.
  2. No Fresh Suit: Suresh cannot be sued again by Ramesh's heirs on the same cause of action (breach of contract).
  3. Setting Aside Abatement: If Ramesh's son, Rajesh, later learns about the suit and can prove that he was unaware of the proceedings due to being abroad, he