Showing : 31-40 of 86 Results

ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 22, Rule 10A-- Substitution of heirs - Second appeal - Permissibility - During pendency of present appeal, when appellants came to know through counsel of respondents that respondent No.1 has died, steps have been taken and the substitution application has been filed - Held, Court is of the view that at the..........
KARNATAKA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 22, Rule 11, Limitation Act, 1963, Section 5-- Non-substitution of LRs - Abatement of appeal - Application for substitution of LRs - Delay therein - Application for condonation of delay - No sufficient cause shown for delay - Held, delay cannot be condoned - Appeal abated for no, substitution of LRs...........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Abatement - Decree inseparable and indivisible - Appeal against decree - Non-substitution of LR's of one deceased decree holder - Appeal abates in its entirety...........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 100A, Order 22, Rule 9-- Abatement of Suit - Dismissed - Bar to further Appeal - Intra-Court appeal is not maintainable as no further intra-court appeal lies against order passed in first appeal in view of amendment made in CPC - Hence, appeal to Division Bench is barred...........
ORISSA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 22, Rule 10A-- Abatement of appeal - Death of a party - Duty of pleader to inform Court - Held, U.O.22.R.10-A CPC, duty is cast on pleader appearing for a party when he comes to know of death of that party to inform court about it whereupon court shall give notice of such death to other party...........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Abatement of appeal - Declaratory suit for co-ownership right in joint property - Some legal heirs of deceased plaintiff not substituted - Share of each of plaintiff neither separable nor distinct - Held, due to non substitution of some of plaintiff, appeal would abate in toto for simple reason..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Abatement of appeal - Suit for partition - Two defendants died during pendency of appeal - Failure to bring their L.R. on record - Effect thereof - Held, appeal would abate in its entirely - Judgment and decree of trial Court survives...........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 394-- Abatement of Appeal - If appeal is preferred against order of conviction of trial Court and sentence is either composite sentence of imprisonment and fine or is merely sentence of fine, appeal would not abate on the death of appellant...........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 394(2)-- Abatement of Appeal - Representative of appellant - S.394(2) casts an obligation to file application for continuation of appeal on the relatives of deceased - If no such application is filed by the relatives within prescribed period, then Court can decide appeal by appointing either amicus curiae..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 151, Order 22, Rule 3,9, Limitation Act, 1963, Section 5-- Abatement - Setting aside of - Condonation of delay - Applicant didn't know about pendency of appeal before first Appellate Court - Applicant No.1 is a house wife, who has studied only upto 8th standard and applicants No.2 & 3 were minor at the relevant time - In heading of application relevant..........

Showing : 31-40 of 86 Results