Where any party dies after conclusion and before pronouncing Judgment ndash ........

Civil Procedure Code (CPC) 1908 Death , Marriage and Insolvancy of Parties

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Where any party dies after conclusion and before pronouncing Judgment –

The suit shall abate

The suit shall not abate

The suit shall not abate if cause of action survives

It depends on the discretion of the court whether is shall abate or not

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Explanation:

Order 22 Rule 6 –
ORDER XXII Death, Marriage and Insolvency or Parties
6. No abatement by reason of death after hearing.—Notwithstanding anything contained in the foregoing rules, whether the cause of action survives or not, there shall be no abatement by reason of the death of either party between the conclusion of the hearing and the pronouncing of the judgment, but judgment may in such case be pronounced notwithstanding the death and shall have the same force and effect as if it had been pronounced before the death took place.