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.