Showing : 1-10 of 65 Results

ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Whether suit will fail or abate, it is not the determining factor for deciding the application u/s 10 CPC - While deciding application u/s 10 CPC, Court cannot impose any condition...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Abatement of suit - Non-impleading of LRs of deceased defendant - Omission to implead LR of a defendant - Suit will not abate as a whole, if interest of co-defendants are separate, as in case of co-owners, suit will abate only as regard particular interest of deceased party...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 22, Rule 2-- Death of one of plaintiffs - Failure to bring on record LRs of one of plaintiffs may or may not result in abatement of suit as a whole - Suit as a whole can abate only if cause of action is joint and indivisible...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 22, Rule 2-- Abatement of suit/appeal - Death of one of plaintiffs - Suit for accounts of partnership firm - All three plaintiffs had independent rights in partnership firm - On account of death of one of plaintiffs, if LRs are not brought on record then right of deceased plaintiff will stand defeated but it..........
JHARKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 2, 3-- Abatement of appeal - Non-substitution of Legal heirs of one of plaintiff - Interest of other appellants surviving - Appeal does not abate as a whole - Court below to hear appeal on merit as far as other appellants are concerned and adjudicate the matter on merits...........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 30, Rule 4-- Suit by partnership firm - Death of Managing partner during pendency of suit - Suit does not abate on death of one of the partners during pendency of suit - Question substituting heir and legal representative of the partners does not arise - Death has no impact on suit...........
KERALA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 394-- Appeal against sentence of fine - Death of accused - Appeal does not abate on the death of appellant/accused - Near relatives of appellant would be entitled to come on record and continue to prosecute the appeal - If nobody comes forward to continue to prosecute the appeal, appeal can be closed as..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Abatement of suit - Death of one of three plaintiffs - Suit for permanent injunction - Plaintiffs occupying three different portions of suit property and have filed a joint suit for enforcement of their individual right to use the main gate of the same - Case based on common cause of action - On..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 4-- Substitution of L.R's - Execution - O.22.Rr.3, 4 CPC is not applicable to execution proceedings - Execution once started within time would not abate due to death of a party or for want of substitution of heirs and LRs, rather it remains pending with no progress until and unless someone as heir or..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Succession Act, 1925, Section 232-- Will - Letter of administration - Death of executor during pendency of testamentary suit proceedings - Proceedings cannot abate and legatee can apply for grant of letter of administration, as both the proceedings with regard to probate and letter of administration are of same nature and they..........

Showing : 1-10 of 65 Results