Civil Procedure Code, 1908, Order 22, Rule 4(3), 9, Civil Procedure Code, 1908, Order 43, Rule 1(k) -- Death of one of the defendants - Impleading of L.R's - Failure to implead - Suit does not abate when one or some of the legal representative are already on record though in a different capacity...........
Criminal Procedure Code, 1973, Section 394(2), 378 -- Appeal against acquittal - Death of complainant - Appeal does not abate - Appeal has to be decided on merits - S.394(2) can apply only to appeal under Chapter XIX other than those under Ss.377 & 378...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Death of accused during trial - Proceedings will abate - Legal heirs cannot be prosecuted...........
Negotiable Instruments Act, 1881, Section 138 -- Complainant - Death of - Complaint does not ipso facto terminate or abate upon death of complainant - Where complainant is dead, his legal representative, agent or power-of-attorney holder can be permitted to prosecute complaint...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- (As in P&H) - L.R's - There is no limitation for bringing on record the L.R's of the deceased plaintiff/defendant - L.R's are entitled to be brought on record at any time - Suit not to abate in case L.R's are not brought on record...........
Civil Procedure Code, 1908, Order 6, Rule 18 -- L.R's allowed to be substituted - Cause title however not changed - Suit does not abate - O.6.R.18 CPC applies only where the amendment of pleadings is allowed - Cause title is not part of pleadings - Once an order for substitution of L.R's is passed the cause title may be corrected by the concerned party or the establishment..........
Civil Procedure Code, 1908, Order 30, Rule 1, 4 -- Suit against partnership firm and its partners for recovery of money - One of the partners died during pendency of suit but his L.R's not brought on record - Suit does not abate in its entirety - Decree can be passed against assets of partnership firm belonging to all partners including the share of the deceased partner..........
Civil Procedure Code, 1908, Order 22, Rule 4, 11 -- Appeal - Abatement - L.Rs. of deceased 3rd defendant not brought on record - However, L.Rs. of 2nd defendant who is contesting party brought on record as defendants 4 and 5 - 3rd defendant is no other than the wife of 2nd defendant and mother of defendants 4 & 5 who were already on record - Appeal cannot therefore be..........
Civil Procedure Code, 1908, Order 22, Rule 1, Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Does not abate due to death of a party or withdrawal of suit by one of them...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Appeal - Abatement - Six second appeals by defendants - Issue involved common and decisive in all - One of the appellants died - His legal representatives not brought on record - All appeals abate as adoption issue common and decisive in all appeals - Dismissing one appeal on ground of abatement would result in conflicting..........
