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Code of Civil Procedure, 1908 · Order XXII: Death, Marriage And Insolvency Of Parties

Order XXII Rule 10 CPC: Procedure in case of assignment before final order in suit

Bare Act text

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).

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

For assignments, creations or devolutions of interest during the pendency of a suit that are not covered by the earlier rules, the suit may, with the Court's leave, be continued by or against the person to whom the interest has come or devolved. Under sub-rule (2), a person who attaches a decree pending an appeal from it is treated as having an interest entitling him to this benefit.

Order XXII: Death, Marriage And Insolvency Of Parties

  1. 1 No abatement by party’s death if right to sue survives
  2. 2 Procedure where one of several plaintiffs or defendants dies and right to sue survives
  3. 3 Procedure in case of death of one of several plaintiffs or of sole plaintiff
  4. 4 Procedure in case of death of one of several defendants or of sole defendant
  5. 4A Procedure where there is no legal representative
  6. 5 Determination of question as to legal representative
  7. 6 No abatement by reason of death after hearing
  8. 7 Suit not abated by marriage of female party
  9. 8 When plaintiffs insolvency bars suit
  10. 9 Effect of abatement or dismissal
  11. 10 Procedure in case of assignment before final order in suit
  12. 10A Duty of pleader to communicate to Court death of a party
  13. 11 Application of Order to appeals
  14. 12 Application of Order to proceedings