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

Order XXII Rule 9: Effect of abatement or dismissal

The Code of Civil Procedure, 1908

(1) Where a suit abates or is dismissed under this Order, no fresh suit shall be brought on the same cause of action.

(2) The plaintiff or the person claiming to be the legal representative of a deceased plaintiff or the assignee or the receiver in the case of an insolvent plaintiff may apply for an order to set aside the abatement or dismissal; and if it is proved that he was prevented by any sufficient cause from continuing the suit, the Court shall set aside the abatement or dismissal upon such terms as to costs or otherwise as it thinks fit.

(3) The provisions of Section 5 of the ¹[Indian Limitation Act, 1877 (15 of 1877)] shall apply to applications under sub-rule (2).

²[Explanation.—Nothing in this rule shall be construed as barring, in any later suit, a defence based on the facts which constituted the cause of action in the suit which had abated or had been dismissed under this Order.]

Footnotes in the official text

1.See now the Limitation Act, 1973 (36 of 1963), ss. 4 and 5.
2.Ins. by Act 104 of 1976, s. 73 (w.e.f. 1-2-1977).

Questions on this rule

2 questions in 7 of our papers cite Order XXII Rule 9. Try these from the free papers:

1. In Bishen Prasad Tiwari v. Sheela Devi (17 July 2026), the Supreme Court explained how legal representatives of a deceased appellant are brought on record under Order XXII CPC. Where they apply even after the further period of 60 days allowed for setting aside the abatement has expired, the Court said that:

Practise questions on Civil Procedure Code