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

Explanation using Example

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 can apply to the court to set aside the abatement. If the court is satisfied with Rajesh's reason, it may set aside the abatement and allow the suit to continue, possibly imposing some costs on Rajesh.

Example 2:

Scenario: Priya files a lawsuit against her business partner, Anil, for misappropriation of funds. During the case, Priya is declared insolvent, and a receiver is appointed to manage her estate.

Application of Rule 9:

1. Dismissal of Suit: If the receiver does not continue the lawsuit, the suit may be dismissed.
2. No Fresh Suit: Priya cannot file a new lawsuit against Anil on the same cause of action (misappropriation of funds).
3. Setting Aside Dismissal: If the receiver later decides to continue the lawsuit and can show that the delay was due to the complexity of Priya's insolvency proceedings, the receiver can apply to the court to set aside the dismissal. If the court finds the reason sufficient, it may set aside the dismissal and allow the suit to proceed, possibly with conditions regarding costs.

Example 3:

Scenario: Sunita files a lawsuit against her neighbor, Ravi, for encroachment on her property. During the proceedings, Sunita gets married and moves to another city, losing track of the case.

Application of Rule 9:

1. Abatement of Suit: If Sunita does not continue the lawsuit, it may abate.
2. No Fresh Suit: Sunita cannot file a new lawsuit against Ravi on the same cause of action (encroachment).
3. Setting Aside Abatement: If Sunita later realizes the importance of the case and can prove that her marriage and relocation prevented her from continuing the suit, she can apply to the court to set aside the abatement. If the court is convinced by her explanation, it may set aside the abatement and allow the suit to continue, possibly imposing some costs on Sunita.

Example 4:

Scenario: Ajay files a lawsuit against his tenant, Vijay, for non-payment of rent. During the case, Ajay becomes mentally incapacitated, and no one steps forward to represent him.

Application of Rule 9:

1. Abatement of Suit: If no legal representative of Ajay comes forward, the suit abates.
2. No Fresh Suit: Ajay or his legal representatives cannot file a new lawsuit against Vijay on the same cause of action (non-payment of rent).
3. Setting Aside Abatement: If Ajay's brother, Sanjay, later becomes aware of the situation and can prove that Ajay's mental incapacity prevented the continuation of the suit, Sanjay can apply to the court to set aside the abatement. If the court is satisfied with Sanjay's reason, it may set aside the abatement and allow the suit to continue, possibly imposing some costs on Sanjay.

Example 5:

Scenario: Meera files a lawsuit against her employer, a large corporation, for wrongful termination. During the proceedings, Meera is declared insolvent, and an assignee is appointed to manage her estate.

Application of Rule 9:

1. Dismissal of Suit: If the assignee does not continue the lawsuit, the suit may be dismissed.
2. No Fresh Suit: Meera cannot file a new lawsuit against her employer on the same cause of action (wrongful termination).
3. Setting Aside Dismissal: If the assignee later decides to continue the lawsuit and can show that the delay was due to the complexity of Meera's insolvency proceedings, the assignee can apply to the court to set aside the dismissal. If the court finds the reason sufficient, it may set aside the dismissal and allow the suit to proceed, possibly with conditions regarding costs.