Order XXII Rule 10 of the Code of Civil Procedure, 1908 (CPC) governs the continuation of a pending civil suit when an interest in the subject matter is assigned, created or devolves upon another person. With the court's permission, proceedings may continue by or against the person who acquires that interest.
Text of Order XXII Rule 10 CPC
Procedure in case of assignment before final order in suit
(1) In other cases of an assignment, creation or devolution of any interest during the pendency of a suit, the suit may, by leave of the Court, be continued by or against the person to or upon whom such interest has come or devolved.
(2) The attachment of a decree pending an appeal therefrom shall be deemed to be an interest entitling the person who procured such attachment to the benefit of sub-rule (1).
The provision appears in the Code of Civil Procedure, 1908 on India Code. The application of the rule remains subject to applicable statutory amendments and binding judicial decisions.
Meaning and scope of Order 22 Rule 10
The rule addresses changes in the ownership or legal interest connected with a pending suit, rather than the ordinary substitution of legal representatives following a party's death. It allows litigation to continue despite a transfer or devolution of interest, helping avoid unnecessary fresh proceedings.
Key expressions explained
- Assignment
- A transfer of an existing interest or right from one person to another, for example by a legally effective assignment or conveyance.
- Creation of interest
- A new interest arising in favour of another person while the suit is pending, depending on the governing substantive law.
- Devolution of interest
- The passing of an interest by operation of law or another legally recognized event.
- Leave of the Court
- Permission of the court for the person acquiring the interest to continue the proceedings as a party or for the proceedings to continue against that person.
Whether a transfer is valid and what interest passes depend on the underlying law and the facts. Rule 10 provides a procedural mechanism; it does not itself validate an otherwise invalid transfer.
When does Order XXII Rule 10 apply?
- A civil suit is pending and has not reached its final disposal for the purpose of the relevant proceeding.
- An interest relevant to the litigation has been assigned, created or devolved during its pendency.
- The person acquiring the interest seeks to continue the suit, or another party seeks continuation against that person.
- The court considers whether to grant leave after examining the claimed interest and circumstances.
Sub-rule (2) specifically treats the attachment of a decree while an appeal against that decree is pending as a qualifying interest for the person who obtained the attachment.
Procedure to seek leave under Rule 10
- Prepare an application: Identify the suit, parties, pending stage and precise interest acquired.
- Provide supporting records: Attach the relevant deed, assignment, court order, or other evidence of devolution as appropriate.
- Seek an appropriate direction: Ask for permission to continue the suit by or against the transferee or successor in interest.
- Allow affected parties to respond: The court may hear objections concerning the nature of the interest and the proposed continuation.
- Comply with the order: If leave is granted, amend the cause title or take other steps directed by the court.
The precise filing process, fees and documentary requirements may differ under the applicable High Court rules and local practice.
Rule 10 compared with other provisions of Order XXII
| Provision | Subject | General application |
|---|---|---|
| Rules 3 and 4 | Death of plaintiff or defendant | Substitution of legal representatives where the right to sue survives |
| Rule 5 | Disputed legal representative | Determination of who represents a deceased party |
| Rule 9 | Abatement or dismissal | Effect and possible setting aside of abatement or dismissal |
| Rule 10 | Assignment, creation or devolution of interest | Continuation by or against the person acquiring the interest, with leave |
| Rule 10A | Duty of pleader | Communication of a party's death to the court |
Transfers of immovable property during litigation may also engage Section 52 of the Transfer of Property Act, 1882 (the doctrine of lis pendens). That substantive rule and the procedural mechanism under Order XXII Rule 10 address different questions.
Practical illustration
Suppose A files a suit concerning property against B. During the suit, A transfers the interest in dispute to C. Subject to the validity and legal effect of that transfer, C may apply for leave under Order XXII Rule 10 to continue the suit. The court considers whether C has acquired an interest sufficient for participation. The transfer does not automatically terminate the existing proceeding.
Importantly, an assignee's participation and the effect of any transfer are governed by the court's order and applicable law. A transferee may also be affected by the outcome of the pending litigation even if not formally added as a party.
Frequently asked questions
Is substitution under Order XXII Rule 10 automatic?
No. The rule contemplates continuation by or against the person acquiring the interest by leave of the court.
Does an assignment during a suit cause abatement?
An assignment or devolution of interest is not, by itself, the death-related abatement contemplated by Rules 3 and 4. Rule 10 permits appropriate continuation of the pending proceeding.
Can Rule 10 apply during an appeal?
Order XXII Rule 11 extends the Order to appeals, subject to its terms. Rule 10(2) expressly addresses attachment of a decree pending appeal.
Does Rule 10 determine whether a property transfer is valid?
No. It addresses procedural continuation. Questions of title, validity of transfer and the effect of lis pendens are governed by the applicable substantive law.
Legal sources and further reading
Read the Code of Civil Procedure, 1908 and the Transfer of Property Act, 1882 through the official India Code portal. For connected CPC topics, see Order XXII Rule 9, Order XXII Rule 10A and Order XXII Rule 11.
This article explains the central CPC provision. Court-specific amendments and the facts of each case may affect the procedure.