Order XXII Rule 6 CPC - No Abatement by Reason of Death After Hearing
Order XXII Rule 6 of the Code of Civil Procedure, 1908 (CPC) prevents a civil suit from abating when a plaintiff or defendant dies after the hearing has concluded but before judgment is pronounced. The court may pronounce judgment notwithstanding the death, and the judgment has the same force and effect as if it had been pronounced before the death.
Text of Order XXII Rule 6 CPC
6. No abatement by reason of death after hearing. - Notwithstanding 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.
Source: Code of Civil Procedure, 1908 - official India Code PDF, First Schedule, Order XXII, Rule 6.
Meaning and scope of Rule 6
Abatement is the procedural termination of a suit, or part of a suit, in circumstances prescribed by law, including failure to bring the legal representatives of a deceased party on record within the applicable time. Conclusion of hearing refers to the point at which the hearing of the matter has finished and the case is awaiting pronouncement of judgment. Rule 6 protects that intervening period.
The words "notwithstanding anything contained in the foregoing rules" give Rule 6 overriding effect over the earlier substitution and abatement provisions of Order XXII for this specific interval. The protection applies whether or not the cause of action survives the deceased party.
When does Order 22 Rule 6 apply?
- A civil suit has reached the conclusion of its hearing.
- A plaintiff or defendant dies after that conclusion but before judgment is pronounced.
- The court pronounces judgment in the already-heard matter. The death alone does not cause abatement during this interval.
The precise procedural stage matters. Where a party dies before the hearing concludes, the ordinary rules on survival of the right to sue, substitution and abatement may apply. Whether the hearing was actually concluded must be assessed from the court record and the circumstances of the proceedings.
Legal effect of death after hearing
Under Rule 6, the court is empowered to deliver its judgment despite the death of either party. The resulting judgment has the same force and effect as though it had been delivered before the death. The rule is not a general exemption from substituting legal representatives at every stage of litigation; it is tied to death occurring between conclusion of hearing and pronouncement of judgment.
Practical illustration
Suppose the final arguments in a civil suit are completed on 10 June, and the court reserves judgment. One defendant dies on 15 June. The court pronounces judgment on 30 June. If the hearing had indeed concluded before the death, Order XXII Rule 6 provides that the suit does not abate merely because of that death, and judgment may be pronounced with the statutory effect stated in the rule.
Related CPC provisions
- Order XXII Rule 1: death does not cause abatement where the right to sue survives.
- Order XXII Rules 3 and 4: substitution procedures on the death of a plaintiff or defendant in circumstances covered by those rules.
- Order XXII Rule 5: determination of a dispute as to who is a legal representative.
- Order XXII Rule 9: effect of abatement and the procedure for setting it aside.
- Order XXII Rule 11: application of Order XXII to appeals, subject to its terms.
These provisions are available in the official CPC text on India Code. State amendments and applicable court rules should also be checked in individual cases.
Frequently asked questions
Does a suit abate if a party dies after final hearing?
No, not merely because of that death, where it occurs after conclusion of hearing and before pronouncement of judgment, as provided by Order XXII Rule 6 CPC.
Does Rule 6 apply even if the cause of action does not survive?
Yes. The express wording of Rule 6 says "whether the cause of action survives or not" for the specified interval.
Does Rule 6 cover death before final arguments are completed?
Not on that basis alone. Its special protection concerns death between the conclusion of hearing and pronouncement of judgment; earlier deaths require examination under the other applicable provisions.
This article explains the general central CPC provision. Its application depends on the procedural record, relevant amendments and judicial orders.