When plaintiff's insolvency bars suit
Death, Marriage and Insolvency or Parties, in the First Schedule to The Code of Civil Procedure, 1908
(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 an awarding to the defendant the costs which he has incurred in defending the same to be proved as a debt against the plantiff's estate.
How this Rule is cited
It is written both ways, and both mean this Rule: Order XXII Rule 8 CPC and Order 22 Rule 8 CPC. Pleadings usually take the arabic form, judgments usually the numeral.
Orders of the courts under it: Order 22 Rule 8 CPC, Order XXII Rule 8 CPC. Each opens the full-text search over every order eCourtsIndia holds.
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. This page is not a substitute for legal advice.