Section 7 — Suits not to abate
Reviewed by CA Nikhil Gupta · Last reviewed 18 September 2026
A section-specific study and advisory page for suits not to abate, linking the statutory issue to its trigger, evidence, subordinate law and practical consequence.
Finin2min 2-minute summary
Statutory subject: Suits not to abate.
Who should read it: the society, subscriber/member, governing body, Registrar or litigating representative identified by the provision under the applicable State/UT regime.
When it matters: a society action or legal incident involves suits not to abate.
Legal effect: the central 1860 provision is only the baseline; the operative result depends on whether the relevant State/UT applies it, has amended it or uses a replacement enactment.
Statutory position — paraphrase, not bare text
This page is a provision-specific paraphrase, not a substitute for the enacted wording. The official source controls where a subsection, proviso, explanation, amount, period or amendment footnote matters.
For section 7, the working question is not merely “what is the heading?” It is whether the proven facts actually engage suits not to abate, who has the statutory role, and what consequence follows once connected provisions are read together.
Provision-specific decode
| Decision point | Section 7 analysis |
|---|---|
| Actor / authority | the society, subscriber/member, governing body, Registrar or litigating representative identified by the provision under the applicable State/UT regime. |
| Trigger | a society action or legal incident involves suits not to abate. |
| Legal consequence | the central 1860 provision is only the baseline; the operative result depends on whether the relevant State/UT applies it, has amended it or uses a replacement enactment. |
| Evidence file | jurisdictional statute/rules, registration certificate, memorandum/rules, member/governing-body records, resolutions, Registrar filings and property/litigation papers. |
| Review focus | Never use a central-form checklist without first fixing State/UT law. |
How section 7 works in practice
The workflow above is tied to this provision’s subject. Where the official text uses a prescribed period, amount, form, eligibility condition or exception, apply that exact current requirement rather than an assumed internal benchmark.
Linked Rules, Regulations, notifications, circulars and operating law
Practical example
Exam / advisory case study
Highlighted points and common mistakes
- Never use a central-form checklist without first fixing State/UT law.
- Voting thresholds, filings, fees and Registrar powers can be jurisdiction-specific.
- Keep the effective date of the Act provision and of each linked subordinate instrument in the working paper.
- Where facts span more than one regulatory period, analyse each period under the law then in force rather than applying today’s text retrospectively without a legal basis.
Related Act provisions
- Previous statutory provision: Section 6 — Suits by and against societies
- Next statutory provision: Section 8 — Enforcement of judgment against society
Q&A
When does section 7 become relevant?
A society action or legal incident involves suits not to abate.
What evidence should be kept for section 7?
Jurisdictional statute/rules, registration certificate, memorandum/rules, member/governing-body records, resolutions, Registrar filings and property/litigation papers.
What is the main advisory risk under section 7?
Never use a central-form checklist without first fixing State/UT law.