The question concerns the procedure for setting aside the abatement of a suit under the Code of Civil Procedure, 1908 (CPC).
CPC Abatement Conditions
According to Order XXII, Rule 9(2) of the Code of Civil Procedure, 1908, if a suit abates (is terminated) because the legal representatives of a deceased party were not brought on record within the time limit, the court has the power to set aside this abatement.
Requirement for Setting Aside Abatement
To get the abatement set aside, the party affected (usually the plaintiff) must file an application. The crucial condition for the court to grant this application is proving sufficient cause for not making the application to bring the legal representatives on record within the initially prescribed time.
Therefore, the plaintiff must demonstrate to the court that there was a valid and acceptable reason (sufficient cause) for the delay.
Conclusion
The court may set aside the abatement if the plaintiff shows sufficient cause for not making the application within time.
Important Questions from Mixed Topic (AIBE)
- Directions : The following question consists of two statements, one labelled as Assertion (A) and the other labelled as Reason (R). You are to examine these two statements carefully and decide if the Assertion (A) and the Reason (R) are individually true and if so, whether the Reason (R) is a correct explanation of the Assertion (A).
Assertion (A) : The Constitution of India does not adopt a rigid separation of powers among the Legislature, Executive and Judiciary.
Reason (R) : The constitutional framework incorporates a system of checks and balances, allowing limited functional overlap among the organs of the State.
In the context of the Constitution of India, which one of the following is correct ? - "The rules of natural justice were not confined to the narrow precincts of the prevailing definition of quasi-judicial functions." This principle was laid down in which case ?
- Ajeet Singh, a famous singer, enters into a contract with Yash Aditya Music Company agreeing to perform exclusively for them for 2 years and not to perform for any other company during that period. After one year, Ajeet Singh refuses to perform for Yash Aditya Music Company and begins performing for BR Chopra & Company. Yash Aditya Music Company files a suit seeking an injunction restraining Ajeet Singh from performing for BR Chopra & Company.
Which of the following statements is correct under the Specific Relief Act, 1963 ? - Under constitutional jurisprudence in India, repeated re-promulgation of Ordinances without placing them before the Legislature was described by the Supreme Court as a "fraud on the Constitution" in which decision ?
- Under the Patents Act, 1970, a patent is granted to an inventor in India. Which of the following correctly reflects a limitation on the patentee's rights under the law ?
