suit objected to the prayer for impleadment submitted that the prayer
was hopelessly barred by time and that the suit had abated. It was also ... abatement may in substance be
construed as a prayer for setting aside abatement. So also a prayer for
setting aside abatement as regard
Societies Registration Act, 1860
7. Suits not to abate.
- No suit or proceeding in any civil Court shall abate or discontinue by reason
assignee can obtain leave only to continue a suit. If the suit has already abated, there is no suit which may be continued. The abatement ... actually been made in the suit, no order to continue the suit can be made, once the suit has abated.
40. This brings us face
assignee can obtain leave only to continue a suit. If the suit has already abated, there is no suit which may be continued. The abatement ... Leave to continue a suit cannot be given after the suit has terminated. It cannot be given if the suit has already been decreed
deal with suit and in that view the
counsel appearing on both sides represent that the
order dismissing the suit as having abated ... suit maintainable ?
2. Has the plaintiff given proper notice of
termination of the suit premises ?
3. Does the suit abate by reason
Rule 9 bars a fresh suit on the same cause of action where a suit abates or is dismissed under Order 22. Sub-rule ... suit, therefore, abated against him. That abatement continues, so without having the abatement setting aside, the legal representatives cannot be impleaded under Order 1, Rule
both the suits, the question that has arisen is as to whether the two suits for permanent injunction abate under, Section ... word 'abate' has been used. The third proviso to Section 4 of the Act lays down that abatement of a suit shall
pendency of the suit and no legal heirs of the deceased was substituted in his place, the suit ought to be abated and on that ... later suit, a defence based on the facts which constituted the cause of action in the suit which had abated or had been dismissed under
with
the suit.
(2) Where within the time limited by law no
application is made under sub-rule (1) the suit
shall abate ... that the suit has abated.
(e) Even though a formal order declaring the
abatement is not necessary when the suit
abates, as the proceedings
made for stay of pending suits, but the Select Committee was of the opinion that the suits should stand abated in the interest ... consolidation proceedings and defendants applied in the suit that the suit should be declared to have abated under Section 4 (c) of the Bihar
