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In case of marriage of a female plaintiff or defendant, where the husband is liable for the debts of his wife –
the suit shall abate and the decree will be passed against the female defendant alone and husband will not be liable
the suit shall not abate
the suit shall abate and the decree will be passed against the female defendant as well as husband
None of the above
Order 22 R 7 of Code of Civil Procedure –
ORDER XXII Death, Marriage and Insolvency or Parties
7. Suit not abated by marriage of female party.—(1) The marriage of a female plaintiff or defendant shall not cause the suit to abate, but the suit may notwithstanding be proceeded with the judgment, and, where the decree is against a female defendant, it may be executed against her alone. (2) Where the husband is by law liable for the debts of his wife, the decree may, with the permission of the Court, be executed against the husband also; and, in case of judgment for the wife, execution of the decree may, with such permission, be issued upon the application of the husband, where the husband is by law entitled to the subject-matter of the decree
By: Parvesh Mehta ProfileResourcesReport error
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