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THE FIRST SCHEDULE · ORDER XXII Death, Marriage and Insolvency or Parties

Order XXII Rule 7: Suit not abated by marriage of female party

The Code of Civil Procedure, 1908

(1) The marriage of a female plaintiff or defendant shall not cause the suit to abate, but the suit may notwithstanding be proceeded with the 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.

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