Abatement Where Cause of Action Does Not Survive
Pursuant to the Code of Civil Procedure, 1908 (CPC), a suit abates (terminates) upon the death of a plaintiff or defendant if the cause of action does not survive.
Continuation Where Cause of Action Survives
Conversely, if the cause of action survives, the legal representatives of the deceased may be substituted to continue the proceedings, as provided under Order XXII, Rules 2 to 4 of the CPC.
No Abatement After Hearing Concludes
A suit shall not abate if a party dies after the conclusion of the hearing but before the judgment is pronounced, regardless of whether the cause of action survives.
Abatement for Failure to Substitute
If an application to bring the legal representatives on record is not filed within the prescribed time, the suit abates. However, such abatement may be set aside in accordance with Rule 9 of Order XXII.
Reversible vs. Irreversible Abatement
Therefore, abatement is absolute and irreversible when the cause of action does not survive. In contrast, abatement resulting from a failure to substitute legal representatives in time may be set aside upon an application showing sufficient cause for the delay.
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