Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Abatement and Setting Aside Abatement (Order XXII CPC)
Jurisdictional & Appellate Practice Terms
Definition
The legal termination of a suit caused by the death of a sole plaintiff or defendant where the right to sue survives but no legal representative is brought on record within 90 days; the court may set aside the abatement upon finding sufficient cause for the delay.
Example
The plaintiff dies in a title suit; the family discovers the pending litigation five months later and moves an application under Order XXII Rule 9 CPC showing good cause to set aside the abatement and substitute the legal heirs.