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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XXII: Death, Marriage And Insolvency Of Parties

Order XXII Rule 9 CPC: Effect of abatement or dismissal

Bare Act text

9. Effect of abatement or dismissal.—(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 [Indian Limitation Act, 1877 (15 of 1877)] shall apply to applications under sub-rule (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.]

Amendment notes

  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).

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

Where a suit abates or is dismissed under Order XXII, no fresh suit may be brought on the same cause of action. The plaintiff, the legal representative of a deceased plaintiff, or the assignee or receiver may apply to set aside the abatement or dismissal, and the Court must do so, on such terms as to costs as it thinks fit, if sufficient cause prevented continuing the suit. Section 5 of the Limitation Act applies to such applications. The Explanation, added in 1976, preserves in a later suit any defence based on the facts of the abated suit.

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
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