Question

    In case of a female defendant after her marriage_______________.

    A suit shall stand abated. Correct Answer Incorrect Answer
    B decree shall be executed against her alone Correct Answer Incorrect Answer
    C decree shall be executed against her and her husband. Correct Answer Incorrect Answer
    D decree shall be executed against her husband also with permission of the court. Correct Answer Incorrect Answer
    E both b and d. Correct Answer Incorrect Answer

    Solution

    CPC  As per Order XXII Rule 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.

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