Bailabel Type : bailable

Description

Order 22 of the Civil Procedure Code (CPC) addresses the procedural consequences of the death, marriage, or insolvency of a party involved in a civil suit. These events may disrupt or affect the progress of a suit or proceeding, and this order provides the rules for how to handle such situations to ensure that the suit can continue or that the rights of the parties are properly addressed.

Order 22 deals with three key events:

1. Death of a party to the suit.
2. Marriage of a female party to the suit.
3. Insolvency of a party to the suit.

Each of these events may alter the way the suit is conducted or the rights of the parties involved, and this order sets out the necessary procedures for the continuation or adjustment of the suit under these circumstances.

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Key Provisions of Order 22

Rule 1: Death of a Party

• Procedure Upon Death:
  When a party to a suit dies during the pendency of the proceedings, the suit is not automatically abated. Instead, the legal representatives (heirs or executors) of the deceased party are required to step in and continue the proceedings on behalf of the deceased party.

• Application for Substitution:
  The legal representatives of the deceased party must apply to the court to be substituted as parties to the suit. The application must be made within a specified time (typically 90 days from the date of death), failing which the suit may be dismissed.

• Notice to Legal Representatives:
  The party seeking substitution must give notice to the legal representatives of the deceased, and if they fail to appear, the suit may be dismissed.

• Effect of Death on the Suit:
  If the deceased party was the sole plaintiff or defendant, the suit may abate (be dismissed) unless legal representatives are substituted. If the deceased was a co-plaintiff or co-defendant, the suit can proceed without them, but their legal representatives will be substituted if necessary.

Rule 2: Marriage of a Female Party

• Effect of Marriage:
  If a female party to a suit gets married during the pendency of the case, it does not affect the suit in the same way as death. The marriage of a female party will not abate the suit, and the married woman can continue with the proceedings.

• Substitution Not Required:
  There is no requirement for the substitution of a party in case of marriage. However, if the court deems it necessary, it may make orders regarding the change in party names or other procedural adjustments due to marriage.

Rule 3: Insolvency of a Party

• Insolvency Proceedings:
  If a party to the suit is declared insolvent during the proceedings, the insolvency must be notified to the court. The insolvency will not automatically stop or abate the suit, but the proceedings will continue under the direction of the official assignee or receiver appointed in the insolvency case.

• Effect on the Suit:
  If a plaintiff becomes insolvent, the official assignee (or receiver) of the insolvent estate becomes the party to the suit. The official assignee can continue or discontinue the suit on behalf of the insolvent party. Similarly, if the defendant is insolvent, the receiver can defend the suit.

• Notice to the Court:
  The insolvency must be promptly notified to the court by the parties or by the official assignee.

Rule 4: Legal Representatives in Case of Death or Insolvency

• Substitution of Legal Representatives:
  In case of the death of a party, the legal representatives are substituted. In case of insolvency, the official assignee or receiver is substituted as a party. The substitution must be done with due notice to the other parties, and the court may also issue directions regarding the continuation of the suit.

• Dismissal of Suit for Non-Substitution:
  If legal representatives are not substituted in the case of death or insolvency within the prescribed time, the court may dismiss the suit or proceed in their absence after due notice.

Rule 5: Effect of Death on the Appeal

• Death of a Party During Appeal:
  The death of a party during an appeal will similarly lead to the substitution of legal representatives to continue the appeal. If the appellant dies, the appeal does not automatically abate; instead, the legal representatives must be substituted to continue the appeal.

Rule 6: Notice to Legal Representatives

• Notice Requirement:
  A notice must be served to the legal representatives or official assignee to inform them of the death or insolvency of a party. This is an essential procedural requirement to ensure that the appropriate party continues with the suit or appeal.

Punishment

Non-Substitution after Death:
If the legal representatives of a deceased party are not substituted within the prescribed time (usually 90 days), the suit may be dismissed. In cases where the deceased party was a co-plaintiff or co-defendant, the case may continue with the remaining parties, but if the deceased was the sole plaintiff or defendant, the suit may be abated.

Non-Compliance in Insolvency:
If a party becomes insolvent and the official assignee is not notified, or if there is no substitution, the court may not proceed with the suit and may require proper notification and substitution to continue the case.

Failure to Notify Marriage or Insolvency:
If marriage or insolvency is not promptly reported to the court, the proceedings could be delayed, or the court may take corrective action to ensure that the proper parties are involved in the case.