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.
Order XXII Rule 6 CPC: No abatement by reason of death after hearing
Bare Act text
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
A suit does not abate if either party dies after the hearing has concluded but before judgment is pronounced. This applies whether or not the cause of action survives, and overrides the earlier rules of this Order. The Court may pronounce judgment despite the death, and the judgment has the same force and effect as if it had been pronounced before the death.
Order XXII: Death, Marriage And Insolvency Of Parties
- 1 No abatement by party’s death if right to sue survives
- 2 Procedure where one of several plaintiffs or defendants dies and right to sue survives
- 3 Procedure in case of death of one of several plaintiffs or of sole plaintiff
- 4 Procedure in case of death of one of several defendants or of sole defendant
- 4A Procedure where there is no legal representative
- 5 Determination of question as to legal representative
- 6 No abatement by reason of death after hearing
- 7 Suit not abated by marriage of female party
- 8 When plaintiffs insolvency bars suit
- 9 Effect of abatement or dismissal
- 10 Procedure in case of assignment before final order in suit
- 10A Duty of pleader to communicate to Court death of a party
- 11 Application of Order to appeals
- 12 Application of Order to proceedings