Text of ORDER 22, RULE 1-12

ORDER XXII
DEATH, MARRIAGE AND INSOLVENCY OF PARTIES

Rule 1. No abatement by party’s death, if right to sue survives.
The death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives.

Rule 2. Procedure where one of several plaintiffs or defendants dies and right to sue survives.
Where there are more plaintiffs or defendants than one, and any of them dies, and where the right to sue survives to the surviving plaintiffs or plaintiffs alone, or against the surviving defendant or defendants alone, the Court shall cause an entry to that effect to be made on the record, and the suit shall proceed at the instance of the surviving plaintiff, or plaintiffs, or against the surviving defendant or defendants.

Rule 3. Procedure in case of death of one of several plaintiffs or of sole plaintiff.
(1) Where one of two or more plaintiffs dies and the right to sue does not survive to the surviving plaintiffs alone, or on receipt of an intimation of the death of such plaintiff from the person nominated by him for that purpose under rule 26, Order VII, or a sole plaintiff or sole surviving plaintiff dies and the right to sue survives, the Court, on an application made in that behalf, shall cause the legal representative of the deceased plaintiff to be made a party and shall proceed with the suit.
(2) Where within the time allowed by law no application is made or intimation is given under sub-rule (1), the Court may proceed with the suit, and any order made or judgment pronounced in such suit shall, notwithstanding the death of such plaintiff, have the same force and effect as if it had been made or pronounced before the death took place.

Rule 4. Procedure in case of death of one of several defendants or of sole defendant.
(1) Where one of two or more defendants dies and the right to sue does not survive against the surviving defendant or defendants alone, or on receipt of an intimation of the death of such defendant from the person nominated by him for that purpose under rule 13, Order VIII, or a sole defendant or sole surviving defendant dies and the right to sue survives, the Court, on an application made in that behalf, shall cause the legal representative of the deceased defendant to be made a party and shall proceed with the suit.
(2) Any person so made a party may make any defence appropriate to his character as legal representative of the deceased defendant.
(3) When within the time limited by law no application is made or intimation is given under sub-rule (1), the Court may proceed with the suit, and any order made or judgment pronounced in such suit shall, notwithstanding the death of such defendant, have the same force and effect as if it had been pronounced before the death took place.
(4) It shall not be necessary to substitute the legal representatives of any such defendant who has failed to file a written statement or has failed to appear and contest the suit at the hearing; and judgment may in such case be pronounced against the said defendant notwithstanding his death, and such judgment shall have the same force and effect as if had been pronounced before his death took place.

Rule 5. Determination of question as to legal representative.
Where a question arises as to whether any person is or is not the legal representative of a deceased plaintiff or a deceased defendant, such question shall be determined by the Court.

Rule 6. No abatement by reason of death after hearing.
Notwithstanding anything contained in the foregoing rules, whether the cause of action survives or not, there shall be no abatement by reason of the death of either party between the conclusion of the hearing and the pronouncing of the judgment, but judgment may in such case be pronounced notwithstanding the death and shall have the same force and effect as if it had been pronounced before the death took place.

Rule 7. Suit not abated by marriage of female party.
(1) The marriage of a female plaintiff or defendant shall not cause the suit to abate, but the suit may notwithstanding be proceeded with to judgment, and, where the decree is against a female defendant, it may be executed against her alone.
(2) Where the husband is by law liable for the debts of his wife the decree may, with the permission of the Court, be executed against the husband also; and, in case of judgment for the wife, execution of the decree may, with such permission, be issued upon the application of the husband, where the husband is by law entitled to the subject-matter of the decree.

Rule 8. When plaintiff’s insolvency bars suit.
(1) The insolvency of a plaintiff in any suit which the assignee or receiver might maintain for the benefit of his creditors, shall not cause the suit to abate, unless such assignee or receiver declines to continue the suit or (unless for any special reason the Court otherwise directs) to give security for the costs thereof within such time as the Court may direct.
(2) Procedure where assignee fails to continue suit or give security. Where the assignee or receiver neglects or refuses to continue the suit and to give such security within the time so ordered, the defendant may apply for the dismissal of the suit on the ground of the plaintiff's insolvency, and the Court may make an order dismissing the suit and awarding to the defendant the costs which he has incurred in defending the same to be proved as a debt against the plaintiff's estate.

Rule 9. Effect of dismissal.
(1) When a suit is dismissed under rule 8, no fresh suit shall be brought on the same cause of action.
(2) Any person claiming to be the legal representative of a deceased plaintiff or defendant or the assignee or the receiver in the case of an insolvent plaintiff may apply to the Court for setting aside any order made or judgment pronounced by it in his absence; and if it is proved that he was prevented by any sufficient cause from continuing the suit or defending the suit, as the case may be, the Court shall set aside the order or the judgment, upon such terms as to costs or otherwise as it thinks fit.
(3) The provisions of section 5 of the Limitation Act, 1908, (IX of 1908) shall apply to applications under sub-rule (2).

Rule 10. Procedure in case of assignment before final order in suit.
(1) In other cases of an assignment, creation or devolution of any interest during the pendency of a suit, the suit may, by leave of the Court, be continued by or against the person to or upon whom such interest has come or devolved.
(2) The attachment of a decree pending an appeal therefrom shall be deemed to be an interest entitling the person who procured such attachment to the benefit of sub-rule (1).

Rule 11. Application of Order to appeals.
In the application of this Order to appeals, so far as may be, the word “Plaintiff” shall be held to include an appellant, the word “defendant” a respondent, and the word “suit” an appeal.

Rule 12. Application of Order to proceedings.
Nothing in rules 3, 4, and 8 shall apply to proceedings in execution of a decree or order.