(l) Where a suit abates or is dismissed under this Order, no fresh suit shall be brought on the same cause of action.
(2) The plaintiff or the person claiming to be the legal representative of a deceased plaintiff or the assignee or the receiver in the case of an insolvent plaintiff may apply for an order to set aside the abatement or dismissal; and if it is proved that he was prevented by any sufficient cause from continuing the suit, the Court shall set aside the abatement or dismissal upon such terms as to costs or otherwise as it thinks fit.
(3) The provisions of section 5 of the Indian Limitation Act, 1877 (15 of 1877) shall apply to applications under sub-rule (2).
Explanation.- Nothing in this rule shall be construed as barring, in any 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 this Order.
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