Order 22 MCQ Quiz - Objective Question with Answer for Order 22 - Download Free PDF

The correct answer is 'Order 22 Rule 3 of the Code of Civil Procedure, 1908.'

Key Points

• Order 22 Rule 3 of CPC:
  • Order 22 of the Code of Civil Procedure, 1908, deals with the procedure for the continuation of legal proceedings when a party to the suit dies or becomes insolvent.
  • Rule 3 specifically applies to situations where the sole plaintiff in a suit passes away during the pendency of the case.
  • The legal representatives of the deceased plaintiff must file an application under Rule 3 to be substituted in place of the deceased plaintiff to continue the suit.
  • If no application is made within the prescribed time, the suit is liable to abate (cease to exist).
  • This rule ensures that the legal claim or right being pursued in the suit does not die with the plaintiff and can be carried forward by the legal heirs.

Additional Information

• Explanation of other options:
  • Section 47:
    • This section deals with questions relating to the execution, discharge, or satisfaction of a decree.
    • It is unrelated to the substitution of legal representatives upon the death of a plaintiff.
  • Order 22 Rule 4:
    • This rule pertains to the death of a defendant in a suit, and the process for substituting the legal representatives of the deceased defendant.
    • It does not apply to the death of the sole plaintiff.
  • Section 148:
    • This section allows the court to extend the prescribed time for doing any act or taking any proceeding, but it does not deal with substitution of parties after the death of a plaintiff or defendant.
    • It is more general in nature and not specific to Order 22 provisions.
• Importance of timely application under Order 22 Rule 3:
  • The legal representatives of the deceased plaintiff must act promptly and file the substitution application within the prescribed time limit to avoid abatement of the suit.
  • The court may allow the revival of the abated suit if sufficient cause for the delay is demonstrated.

The correct answer is Option 1.

Key PointsOrder XXII Rule 6 .
No abatement by reason of death after hearing—
Nothwithstanding anything contained in the foregoing rules, whether the cause of action survives or not, there shall be no abatement by reason of the death of either party between the conclusion of the hearing and the pronouncing of the judgment, but judgment may in such case be pronounced notwithstanding the death and shall have the same force and effect as if it had been pronounced before the death took place. 

The correct answer is 'Order 22 Rule 9 of the Code of Civil Procedure, 1908'

Key Points

• Order 22 Rule 9:
  • Order 22 Rule 9 of the Code of Civil Procedure, 1908 deals with the abatement of suits and the setting aside of such abatement.
  • It specifies the procedure for applying to set aside an abatement and the conditions under which a court may set aside the abatement and allow the suit to proceed.
  • This rule ensures that a case does not end solely due to procedural delays or the death of a party and can be revived under certain circumstances.

Additional Information

• Order 22 Rule 3:
  • Deals with the procedure to be followed when one of the plaintiffs dies and the right to sue survives. It is not related to setting aside abatement.
• Order 22 Rule 4:
  • Deals with the procedure when one of the defendants dies and the right to sue survives. It also does not pertain to setting aside abatement directly but rather the continuation of suits after the death of a party.
• Order 22 Rule 10:
  • Relates to the procedure for the continuation of a suit in case of an assignment, creation, or devolution of interest during the pendency of a suit. It is not concerned with setting aside abatement.

The correct answer is 'There shall be no abatement even if one of the Defendant dies, if death is between conclusion of hearing and pronouncement of Judgment and Judgment will be deemed to have been pronounced before the death of the Defendant'

Key Points

• Judgment Pronouncement After Defendant's Death:
  • When a defendant dies after the matter has been heard and reserved for judgment, the judgment is still valid.
  • The law considers the judgment to have been pronounced before the death of the defendant, ensuring that the proceedings do not abate due to the death.
  • This principle ensures continuity and finality in legal proceedings, preventing unnecessary delays or complications.

Additional Information

• Other Options:
  • Proceedings abate as regards the dead Defendant as cause of action does not survive on the other Defendants:
    • This option is incorrect because the proceedings do not abate if the death occurs after the hearing but before the judgment.
  • The Judgment is a nullity as being passed against a dead person:
    • This option is incorrect since the judgment is not considered a nullity simply because one of the defendants died before the judgment was pronounced.
  • The Judgment is a nullity only as against the dead Defendant:
    • This option is incorrect because the judgment is not nullified against the dead defendant if the death occurred after the hearing but before the judgment.

The correct answer is Option 4.

Key PointsOrder XXII Rule 4.
Procedure in case of death of one of several defentlants or of sole defendant.—
(1) Where one of two or more defendants dies and the right to sue does not survive against the surviving defendant or defendants alone or a sole defendant or sole surviving defendant dies and the right to sue survives, the Court, on an application made in that behalf, shall cause the legal representative of the deceased defendants to be made a party and shall proceed with the suit.
(2) Any person so made a party may make any defence appropriate to his character as legal representative of the deceased defendant.
(3) Where within the time limited by law no application is made under sub-rule (1), the suit shall abate as against the deceased defendant.

The correct answer is option 4.

Key Points

•  Section 2(11) of Civil Procedure Code defines  “legal representative” as a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character the person on whom the estate devolves on the death of the party so suing or sued.
• The situation where a suit filed by Raju can be continued by his son Ravi and his married daughter Kavita, both acting as legal representatives, can be justified under the provision of the Civil Procedure Code, 1908 (CPC), specifically under Order 22, which deals with the procedure when a party dies and the cause of action survives.
• Order 22 of the CPC provides the rules for the procedure to be followed when one of the parties dies during the pendency of the suit and the right to sue survives. The purpose of these rules is to ensure the continuation of the legal proceedings without much delay, allowing the legal heirs or representatives of the deceased to be brought on record to either prosecute or defend the suit, as the case may be.
• Rule 3 of Order 22 specifically deals with the procedure in case of death of one of several plaintiffs or of sole plaintiff. According to Rule 3(1):
• "Where one of two or more plaintiffs dies and the right to sue does not survive to the surviving plaintiff or plaintiffs alone, but survives to him or them and the legal representatives of the deceased plaintiff, then, the Court, on an application made in that behalf, may cause the legal representative of the deceased plaintiff to be made a party and shall proceed with the suit."
• Rule 4 similarly deals with the death of one of several defendants or of sole defendant, where the Court may direct the legal representative(s) of the deceased defendant to be made a party.
• Therefore, in the given scenario, Ravi and Kavita, being the legal heirs of the deceased (Raju) and since the right to sue survives them, can be brought on record as legal representatives to continue the suit filed by their father under the provisions of Order 22, Rules 3 and 4 of the Civil Procedure Code, 1908.

The correct answer is option 4

 Key Points Options (1), (2) and (3) are directly covered by provisions contained in Order 22, Rules 2, 4 and 6

ORDER XXII - DEATH, MARRIAGE AND INSOLVENCY OF PARTIES

Rule 2. Procedure where one of several plaintiffs or defendants dies and right to sue survives.

Rule 4. Procedure in case of death of one of several defendants or of sole defendant.

Rule 6. No abatement by reason of death after hearing.

The correct answer is option 4.Key Points

• Order 22 under C.P.C. 1908 deals with Death, Marriage and Insolvency or Parties.
• Rule 12 of Order 22 deals with application of Order to proceedings.
• It says nothing in rules 3, 4 and 8 shall apply to proceedings in execution of a decree or order.
• Rule 1 of Order 22 provides the general rule as no abatement by party's death if right to sue survives.
• It states the death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives.

The correct answer is Option 1.

Key PointsOrder 22 deals with the creation, assignment or devolution of interest during the pendency of suits or appeals, but not to the execution proceedings. Such creation, assignment or devolution may arise in the following circumstances: 

1. Death of a party (Rules 1 to 6) 
2. Marriage of a party (Rule 7) 
3. Insolvency of a party ( Rule 8) 
4. Other circumstances -Assignment of Interest (Rule 10).

Order 22 Rule 1:- No abatement by party's death if right to sue survives.—

• The death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives.

Additional Information

• Rule 2. Procedure where one of several plaintiffs or defendants dies and right to sue survives.
• Rule 3. Procedure in case of death of one of several plaintiffs or of sole plaintiff.
• Rule 4. Procedure in case of death of one of several defendants or of sole defendant.
• Rule 4A. Procedure where there is no legal representative.
• Rule 5. Determination of question as to legal representative.
• Rule 6. No abatement by reason of death after hearing.

The correct option is Written Statements.

Key Points

• Written Statement:-
  • A plaintiff files his plaint before the competent court.
  • A plaintiff alleges against the defendant for recovery of a certain amount or property or a right etc.
  • The defendant has to answer it.
  • The answer of the defendant to the plaint is called Written Statement.
  • "Audi alteram partem"-"No man should be condemned unheard" is the principle of natural justice.
  • Both sides must be heard before passing any order or decree.
  • This is the principle lying in the submission of a written statement.
• Particulars of Written Statement:-
  • All the general rules of pleadings explained in Order VI "Pleadings Generally" apply to a written statement.
  • Before submitting his written statement, the defendant must go through the plaint in detail and prepare his written statement very strongly.
  • The plaintiff has the right to produce the evidence oral and documentary before the Court.
  • Similarly, the defendant also has the right to produce the evidence (oral and documentary evidence) before the Court.
  • The written statement does not require any court fee.

The correct answer is option 3.Key Points

• Order 22 under C.P.C. 1908 deals with Death, Marriage and Insolvency or Parties.
• Rule 9 of Order 22 deals with effect of abatement or dismissal.
• Where a suit abates or is dismissed under this Order, no fresh suit shall be brought on the same cause of action.
• 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.
• The provisions of Section 5 of the Indian Limitation Act, 1877 shall apply to applications under sub-rule (2).

The correct answer is option 2.​Key Points

• Order 22 under C.P.C. 1908 deals with Death, Marriage and Insolvency or Parties.
• Rule 9 of O.22 deals with effect of abatement or dismissal.
• It states where a suit abates or is dismissed under this Order, no fresh suit shall be brought on the same cause of action.
• O.22 Rule (1)(2) states 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.
• The provisions of Section 5 of the Indian Limitation Act, 1877 shall apply to applications under sub-rule (2).

The correct answer is 'Order 22 Rule 3 of the Code of Civil Procedure, 1908.'

Key Points

• Order 22 Rule 3 of CPC:
  • Order 22 of the Code of Civil Procedure, 1908, deals with the procedure for the continuation of legal proceedings when a party to the suit dies or becomes insolvent.
  • Rule 3 specifically applies to situations where the sole plaintiff in a suit passes away during the pendency of the case.
  • The legal representatives of the deceased plaintiff must file an application under Rule 3 to be substituted in place of the deceased plaintiff to continue the suit.
  • If no application is made within the prescribed time, the suit is liable to abate (cease to exist).
  • This rule ensures that the legal claim or right being pursued in the suit does not die with the plaintiff and can be carried forward by the legal heirs.

Additional Information

• Explanation of other options:
  • Section 47:
    • This section deals with questions relating to the execution, discharge, or satisfaction of a decree.
    • It is unrelated to the substitution of legal representatives upon the death of a plaintiff.
  • Order 22 Rule 4:
    • This rule pertains to the death of a defendant in a suit, and the process for substituting the legal representatives of the deceased defendant.
    • It does not apply to the death of the sole plaintiff.
  • Section 148:
    • This section allows the court to extend the prescribed time for doing any act or taking any proceeding, but it does not deal with substitution of parties after the death of a plaintiff or defendant.
    • It is more general in nature and not specific to Order 22 provisions.
• Importance of timely application under Order 22 Rule 3:
  • The legal representatives of the deceased plaintiff must act promptly and file the substitution application within the prescribed time limit to avoid abatement of the suit.
  • The court may allow the revival of the abated suit if sufficient cause for the delay is demonstrated.

The correct answer is Option 1.

Key PointsOrder XXII Rule 6 .
No abatement by reason of death after hearing—
Nothwithstanding anything contained in the foregoing rules, whether the cause of action survives or not, there shall be no abatement by reason of the death of either party between the conclusion of the hearing and the pronouncing of the judgment, but judgment may in such case be pronounced notwithstanding the death and shall have the same force and effect as if it had been pronounced before the death took place. 

The correct answer is 'Order 22 Rule 9 of the Code of Civil Procedure, 1908'

Key Points

• Order 22 Rule 9:
  • Order 22 Rule 9 of the Code of Civil Procedure, 1908 deals with the abatement of suits and the setting aside of such abatement.
  • It specifies the procedure for applying to set aside an abatement and the conditions under which a court may set aside the abatement and allow the suit to proceed.
  • This rule ensures that a case does not end solely due to procedural delays or the death of a party and can be revived under certain circumstances.

Additional Information

• Order 22 Rule 3:
  • Deals with the procedure to be followed when one of the plaintiffs dies and the right to sue survives. It is not related to setting aside abatement.
• Order 22 Rule 4:
  • Deals with the procedure when one of the defendants dies and the right to sue survives. It also does not pertain to setting aside abatement directly but rather the continuation of suits after the death of a party.
• Order 22 Rule 10:
  • Relates to the procedure for the continuation of a suit in case of an assignment, creation, or devolution of interest during the pendency of a suit. It is not concerned with setting aside abatement.