Question

According to the Code of Civil Procedure, 1908, where a suit has abated due to failure to bring legal representatives on record within the prescribed time, the court may set aside such abatement if the plaintiff shows:

• A. That decree has not yet been passed.
• B. Error apparent on the face of record.
• C. That the defendant had knowledge of death.
• D. Sufficient cause for not making the application within time.

Hint:

Order XXII Rule 9 is the remedy for "Abatement." If you miss the timeline to bring legal representatives on record, "Sufficient Cause" is your only way back into the suit!

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
When a party to a suit dies, the suit may "abate" if the legal representatives are not brought on record in time. Order XXII of the CPC provides the procedure to revive such a suit.

Step 2: Detailed Explanation:
- Order XXII, Rule 9 of the CPC states that where a suit abates, no fresh suit shall be brought on the same cause of action.
- However, the plaintiff (or person claiming to be a legal representative) may apply to the court to set aside the abatement.
- The court has the discretion to set aside the abatement if it is satisfied that the applicant was prevented by "sufficient cause" from continuing the suit or making the application within the prescribed time.

Step 3: Final Answer:
The plaintiff must show "sufficient cause" for the delay. Option (D) is the correct answer.

Answer 2

Under Order XXII of the CPC, a suit abates if legal representatives of a deceased party are not brought on record in time, and the question asks what the plaintiff must show to have that abatement set aside. Each option needs to be checked against the actual ground recognised for setting aside abatement.

1. That decree has not yet been passed: Whether a decree has been passed is not the test for setting aside abatement, since abatement, by definition, occurs before a final decree disposes of the suit on merits.
2. Error apparent on the face of record: This phrase describes the ground for a review of a judgment or order, a different remedy altogether, with no role in the specific test for setting aside an abatement under Order XXII.
3. That the defendant had knowledge of death: The defendant's knowledge of the death of the other party is not the statutory test. The provision focuses on why the plaintiff failed to act in time, not on what the defendant happened to know.
4. Sufficient cause for not making the application within time: Order XXII Rule 9 allows the court to set aside an abatement if the applicant shows sufficient cause for not making the application to bring the legal representatives on record within the prescribed time. This is the exact statutory standard.

Only a showing of sufficient cause for the delay matches what Order XXII Rule 9 actually requires of the plaintiff.

Therefore, the correct answer is Sufficient cause for not making the application within time.