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Section O Abatement of Proceedings

109. Death, Marriage or Insolvency of parties. (a) In Revenue Officers, cases the death of one of one of the parties to a revenue proceeding, or, in a proceeding to which a female is a party, her marriage does not cause the proceedings to abate. And the Revenue Officer before whom the proceeding is held shall have power to make the successor-in-interest of the deceased person or of the married female a party thereto.

(b) In Revenue Court cases, procedure to be followed in the event of death, marriage, or insolvency of parties is laid down in Order XXII, Civil Procedure Code. Proper steps must be taken to bring the legal representatives of the persons concerned (the Receiver in the case of a person who is declared an insolvent) on the record within the period on limitation. Otherwise, the suit is liable to abate wholly or partly in certain cases. The abatement takes place automatically and a formal order of abatement, though not essential, should be usually recorded. The abatement can be set aside on an application by the aggrieved party, if sufficient cause is shown (Order XXII, Rule 9).

There is not abatement if a party dies after the conclusion of the case but before judgment. In such cases judgment may be pronounced and will take effect as thought had been pronounced while the party was alive. 

In certain cases, the abatement of a suit as against one defendant results in the dismissal of the whole suit. Reference may be made in this connection to I.L.R. 10 Lahore 7 (F.B.).

Hon'ble Revenue Minister

Hon'ble Minister-In-Charge
Shri. Gurpreet Singh Kangar

 


 

Special Chief Secretary, Department of Revenue, Rehabilitation and Disaster Mangement
Shri. Karan Bir Singh Sidhu, IAS

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