(1) The insolvency of a plaintiff in any suit which the assignee or receiver might maintain for the benefit of his creditors, shall not cause the suit to abate, unless such assignee or receiver declines to continue the suit or (unless for any special reason the Court otherwise directs) to give security for the costs thereof within such time as the Court may direct.
(2) Procedure where assignee fails to continue suit, or give security.- Where the assignee or receiver neglects or refuses to continue the suit and to give such security within the time so ordered, the defendant may apply for the dismissal of the suit on the ground of the plaintiff's insolvency, and the Court may make an order dismissing the suit and awarding to the defendant the costs which he has incurred in defending the same to be proved as a debt against the plaintiff's estate.
Order 22 Rule 1 CPC No abatement by party's death if right to sue survives
Order 22 Rule 3 CPC Procedure in case of death of one of several plaintiffs or of sole plaintiff
Order 22 Rule 4 CPC Procedure in case of death of one of several defendants or of sole defendant
Order 22 Rule 4a CPC Procedure where there is no legal representative
Order 22 Rule 5 CPC Determination of question as to legal representative
Order 22 Rule 6 CPC No abatement by reason of death after hearing
Order 22 Rule 7 CPC Suit not abated by marriage of female party
Order 22 Rule 8 CPC Suit not abated by marriage of female party
Order 22 Rule 9 CPC Effect of abatement or dismissal
Order 22 Rule 10 CPC Procedure in case of assignment before final order in suit
Order 22 Rule 10A CPC Duty of pleader to communicate to Court death of a party