Showing : 31-40 of 173 Results

CHHATTISGARH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 9, 10A-- Death of sole respondent - Non-substitution of LR's within time - Abatement of suit - Non information of death of sole respondent to Court by counsel of the party he represented - Information of death of sole respondent was received at later stage by applicants and on account of illness of..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 3(2), 4(3)-- Death of plaintiff or defendant - Abatement - There is automatic abatement on the death of a party, once the period of 90 days provided for filing a substitution application expires - Abatement comes into effect without intervention of Court - However, after expiry of period of 150 days from the..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 9-- Death of plaintiff - Substitution of L.R's - Condonation of delay - Application filed by daughter/respondent after 11 years of death of her father/plaintiff - However, period of limitation for moving such application is 90 days u/art 120 of Limitation Act - More so, respondent had full knowledge..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 11-- Abatement - Doctrine of abatement is applicable equally to a suit as well as to an appeal...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 4, 9-- Abatement - Delay in bringing on record the LRs of defendant - Condonation of delay - On sufficient cause, delay in bringing LRs of deceased party should be condoned - Procedure is meant only to facilitate the administration of justice and not to defeat the same - Delay condoned - Appeal restored...........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Death of plaintiff - Substitution of LRs - Application for substitution of LRs of a deceased party can be allowed even if there was no application to set aside abatement or to condone the delay in seeking such abatement...........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 9-- L.R's - Abatement - Abatement results in denial of hearing on merits and provision of abatement has to be construed strictly, but prayer for setting aside abatement and dismissal consequent upon an abatement, have to be considered liberally - Court have to adopt "a justice oriented approach"..........
ORISSA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 1, 3-- Substitution of L.R's - Applicant having conflicting interest with that of deceased appellant - Cause of action not surviving after death of appellant - Application for substitution, setting aside abatement and condonation of delay not maintainable...........
ORISSA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 4-- Substitution of LR's - Limitation - Application for substitution is governed by provisions of Arts.120 & 121 of Limitation Act - If a petition for substitution is not filed within 150 days of the death of deceased party ordinarily three applications are filed : one for substitution, another for..........
ORISSA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 22, Rule 4, Limitation Act, 1963, Section 5-- Legal representatives - Delay - Rejection of application only on the technical ground that a separate application for setting aside abatement not filed - Appellant must have been given chance to file a separate petition for setting aside abatement - Matter remitted for decision afresh after giving..........

Showing : 31-40 of 173 Results