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SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 22, Rule 4, 9-- Abatement of appeal on death of one of other party - Whether partial or total - Depends on nature of decree obtained - Decree joint and separable, appeal not abate quo remaining parties - Decree joint and inseparable, appeal abates quo remaining parties as well - Sardar Amarjit's case, (2003) 3..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 22,, Rule 9-- Abatement of Appeal - Failure to move application for bringing on record the legal representatives within the prescribed limitation of 90 days - Abatement of appeal is automatic and no formal order dismissing the suit as abated is required to be passed by the Court - Methailal Dalsangar Singh's..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Appeal - Death of appellant during pendency of appeal - Applicant came to know about pendency of appeal when he received a communication from Advocate engaged by his father - Application rejected on the ground that there was no prayer for setting aside abatement of appeal nor for condonation of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Abatement of appeal - Suit for declaration filed by three appellants dismissed by both the courts below - Second appeal filed in the year 1988 - One appellant died in October, 1989 and another appellant died in 1993 - Application filed under Order 22 Rule 3 of the Code in January, 2000 - Plea of..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Letters Patent of Punjab and Haryana High Court-- Clause 10 - Clause 15 Bombay Letters Patent) - Order setting aside abatement of suit - Does not amount to `judgment' - Letters Patent Appeal not maintainable - View expressed by Full Bench in Nurul Hoda's case AIR 1972 Calcutta 449 and by Division Bench judgments in Smt. Chando Devi's case AIR..........
RAJASTHAN HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 22, Rule 4, 9, Civil Procedure Code, 1908, Order 43, Rule 1(k)-- Abatement - Application to set aside - Dismissal - Appeal and not revision lies - Fact of composite application U.O.22.Rr.4 & 9 alongwith application u/s 5 Limitation Act is immaterial as fact remains that abatement of suit is automatic on failure to bring on record legal representatives of..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 9, Limitation Act, 1963, Section 5-- Appeal - Death of sole appellant - Setting aside abatement and substitution of L.R's sought after five years - Ground for condonation of delay that applicant had no knowledge about counsel who had been engaged by appellant despite efforts made - Plea that he came to know about counsel only on..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
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..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 2- - Abatement of connected appeals - Decree based on a common issue against the appellants in all the appeals - Failure to bring legal representatives of one of the deceased appellants in one appeal - Will result in abatement of all other appeals - Otherwise there will be conflicting decrees in the..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
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..........

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