Civil Procedure Code, 1908, Order 22, Rule 3 -- Non impleadment of L.R's - Suit for declaration, injunction for removal of obstruction in enjoyment of right of way and use of door - Death of one of six plaintiffs - L.R's not impleaded - Abatement of suit qua deceased plaintiff does not abate suit qua other plaintiffs - Right to sue survives and other plaintiffs have every..........
Civil Procedure Code, 1908, Order 22, Rule 3, Civil Procedure Code, 1908, Order 1, Rule 9 -- Right of easement - Six plaintiffs - Death of one - L.R's not impleaded - Abatement of suit qua one plaintiff - Suit does not abate qua other plaintiffs as right to sue survives - Right of easement or easement of necessity is an independent and separate right and every individual..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Abatement of appeal on death of one of other party - Whether partial or total - Depends on nature of decree obtained - Decree joint and separable, appeal not abate quo remaining parties - Decree joint and inseparable, appeal abates quo remaining parties as well - Sardar Amarjit's case, (2003) 3 SCC 272 relied...........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Partial abatement of appeal - Gift deed giving distinct and separate share by metes and bounds to daughters - Revoked - Amount given in lieu of gift of plots - One of the daughter died during pendency of appeal - Application for impleading LR's declined - Appeal abated qua her only - Each daughter had distinct and separate..........
Civil Procedure Code, 1908, Order 1, Rule 8, 9, Civil Procedure Code, 1908, Order 22, Rule 1, 2, 11 -- Representative suit - Appeal against decree - Death of one of joint decree holders during pendency of appeal - Non impleading of his L.R's - Appeal does not abate...........
Civil Procedure Code, 1908, Order 22, Rule 1, 3 -- Abatment of suit - Several Co-owners filed suit for declaration of title - One of the co-owner died a day prior to the filling of the suit, another co-owner died during the pendency of suit - Application to implead LR's dismissed - One of the co-owner competent to seek the declaration of title - Suit will not abate,..........
Arbitration Act, 1940, Section 41, Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Arbitration proceedings - Provision of O.22 do not apply to arbitration proceedings - Arbitration proceedings do not abate on death of a party...........
Civil Procedure Code, 1908, Order 22, Rule 10-A -- Substitution - Application for substitution filed within 90 days from date of communication of death of respondent - Appeal does not abate...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of appeal - Suit for declaration filed by three appellants dismissed by both the courts below - Second appeal filed in the year 1988 - One appellant died in October, 1989 and another appellant died in 1993 - Application filed under Order 22 Rule 3 of the Code in January, 2000 - Plea of respondents that application..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Non impleading of L.R's of a defendant who died during pendency of suit - Effect - Suit for possession of seven rooms - It was specifically mentioned in plaint as to which room is in possession of which defendant - If the interest of the co-defendants are separate, as in case of co-owners, the suit will abate only as regards..........
