Showing : 11-20 of 173 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 5-- Death of plaintiff during pendency of appeal - Question of substitution of LRs of deceased and abatement of suit/appeal for want of consequential steps has to be decided by that very Court where at the time of death of such party lis was pending...........
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...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 4-- Abatement of appeal - Death of sole plaintiff and two defendants during pendency of appeal - No steps taken by any of LRs representing dead persons - Appeal abates on expiry of statutory period of 90 days...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 9-- L.R's - Non impleadment within statutory period of 90 days - Appeal abates - Appeal can be revived for hearing when L.R's of deceased person files an application for substitution and for setting aside abatement and making out a sufficient cause for setting aside abatement by filing an application..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 5, 10-- L.R's - Setting aside abatement and impleading L.R's of sole appellant - Locus of person to be brought on record as legal representative of deceased is itself in question - Until and unless same is decided, Court cannot adjudicate any of petitions filed by proposed plaintiff - Directions issued...........
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..........
KERALA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 394-- Abatement u/s 394(1) Cr.P.C. is absolute - However, abatement u/s 394(2) Cr.P.C. is qualified and it is subject to proviso therein...........
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..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Abatement of suit - Where LRs of deceased plaintiff are already on record, objection as regards abatement is completely untenable...........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 9, Civil Procedure Code, 1908, Order 43, Rule 1(k)-- Abatement - Maintainability of appeal - Order refusing to set aside abatement, is appealable U.O.41.R.1(k) CPC...........

Showing : 11-20 of 173 Results