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…The effect of the abatement was that under Rule 8(1) of Order XXIII of the Civil Procedure Rules, no fresh suit could be brought on the same cause of action.…

…However, under Rule 8(2) of the said Order, a person who is the legal representative of the deceased plaintiff in the suit could apply to revive it by showing that the applicant was prevented by any sufficient cause from…

…It was expressed to be brought under O IXB rule 8 Civil Procedure Rules and Section 3A of Civil Procedure Act. Two orders were prayed for.…

…reconsidered the matter upon receipt of the grounds of opposition, because on the date of hearing he applied for leave to abandon one of the provisions under which the application was expressed be brought, and that was O IXB rule…

….…………..RESPONDENTS RULING This application is brought by Chamber Summons under Order IXB rule 8 and O XXI rule 22 Civil Procedure Rules. The applicants are the defendants in the suit.…

…before us, in limine, and having heard counsel’s arguments and submissions we upheld the learned trial Judge dismissed the objection to the appellant’s right to challenge the court’s jurisdiction and held that under Order 12 Rule…

…8 of the RSC of England, which apply, such appearance was proper and did not amount to the appellant submitting to the court’s jurisdiction nor preclude it from challenging the courts’ admiralty jurisdiction. 58.…