Question

According to the Code of Civil Procedure, 1908, where a suit has abated due to failure to bring legal representatives on record within the prescribed time, the court may set aside such abatement if the plaintiff shows:

• A. That decree has not yet been passed.
• B. Sufficient cause for not making the application within time.
• C. Error apparent on the face of record.
• D. That the defendant had knowledge of death.

Hint:

Remember the formula: Death of Party + Failure to Substitute Legal Representatives within Time = Abatement. Abatement + Sufficient Cause = Court may revive the suit under Order XXII Rule 9 CPC.

Answer 1

The Correct Option is B

Step 1: Understand abatement.
Under Order XXII of the CPC, 1908, if a party dies during a suit, the legal representatives must be brought on record in time. If not, the suit abates, meaning it stops.

Step 2: Find the relevant rule.
Order XXII Rule 9 lets the court set aside the abatement and revive the suit.

Step 3: Know the condition.
Revival is not automatic. The applicant must show sufficient cause for not acting within the time allowed.

Step 4: See what sufficient cause means.
It can be illness, no knowledge of the death, or other genuine reasons beyond the party's control. The delay must not be careless.

Step 5: Rule out wrong options.
Whether a decree has been passed is not the test. The defendant's knowledge of death is not the test. Error on the face of record belongs to review, not abatement.

Step 6: Final answer.
The court may set aside abatement only if sufficient cause is shown.
\[ \boxed{\text{Sufficient cause for not making the application within time.}} \]