Showing : 11-20 of 73 Results

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..........
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..........
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...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Abatement of appeal - Defendant died during pendency of first appeal - First appeal abated due to no, filing of application U.O.22.R.4 CPC within time limit - Filing of second appeal against order of abatement without taking steps U.O.22.R.9(2) CPC, not maintainable...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Abatement of appeal - Defendant died during pendency of first appeal - Application U.O.22.R.4 CPC not filed within time limit - First appeal preferred before Revenue Authority abated automatically - Subsequent examination of merits by first appellate Court on an appeal already abated is absolutely..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 10-- Abatement of appeal - Partition suit - Once a preliminary decree is passed in a partition suit and plaintiff dies after passing of said decree, provisions of O.22.R.3, 4 CPC does not apply to any appeal - It is O.22.R.10 CPC which applies...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Abatement of suit - Death of plaintiff - Wife and two sons of plaintiff not substituted without any explanation - Plaintiff No.2 not legal heir or representative of deceased plaintiff - Suit abates for non substitution of L.R's - However, suit was decided on merits in presence of plaintiff No.2 -..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 9(2), Civil Procedure Code, 1908, Order 43, Rule 1, , Section 100-- Death of respondent during pendency of appeal - Application to bring on record legal representatives dismissed by holding that simplicitor application without any prayer for condoning delay is not maintainable - Dismissal of appeal consequent thereto - Second appeal - Held, order refusing to set..........
KARNATAKA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 4(4)-- Abatement - Decree passed in ignorance of death of sole defendant - Defendant died during the pendency of appeal and his LRs were not brought on record - Though Court is empowered to exempt plaintiff from necessity of substituting LRs of defendant but such an exemption can be granted before the..........
ORISSA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Substitution of L.R's by setting aside abatement and condoning delay - Deceased plaintiff not survived by her own son and daughter - Sons of brother of plaintiff is not so easily to be known to others - It is sufficient cause for delay causing substitution of LRs - Rejected of petition for..........

Showing : 11-20 of 73 Results