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. ...

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