Showing : 51-60 of 86 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5-- L.R's - Non impleading - Abatement - Setting aside - Principles governing: (i) 'Sufficient cause' should be understood and applied in a reasonable, pragmatic, practical and liberal manner, depending upon the facts and circumstances of the case, and the type of case; (ii) In considering the reasons..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- L.R's - Non impleadment - Abatement - Setting aside - If the following three conditions exist then Courts usually condone the delay and set aside the abatement (even though the period of delay is considerable and a valuable right might have accrued to the opposite party) - (i) The respondent had..........
KARNATAKA HIGH COURT
Year of decision: 2008
Details
Limitation Act, 1963, Article 120, 121-- Appeal - Abatement for not bringing on record L.R's within time - Application to set aside abatement of appeal filed within time - Held, application is not maintainable where condonation of delay in bringing legal representative of deceased respondent was not sought for by making separate..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- L.R's - Non impleading - Abatement - Partial abatement - Question has to be considered depending upon the fact as to whether the decree obtained is joint decree or a severable one - In case of a joint and inseverable decree if appeal abates against one or the other, the same cannot be proceeded..........
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..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 22, Rule 4, 9-- Partial abatement of appeal - Gift deed giving distinct and separate share by metes and bounds to daughters - Revoked - Amount given in lieu of gift of plots - One of the daughter died during pendency of appeal - Application for impleading LR's declined - Appeal abated qua her only - Each daughter..........
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..........
MADHYA PRADESH HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Claim petition - Injury case - Death of injured during pendency of appeal - No abatement of appeal...........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 100-- Abatement of appeal - Order of Abatement not adjudication on merits - Order refusing setting aside abatement - Not decree - Second appeal against said order - Not maintainable...........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 2(2)-- Order of Abatement of appeal - Not a decision on merits - Cannot be construed as decree - Order refusing to set aside abatement - Appealable under order 3 rule 1 CPC...........

Showing : 51-60 of 86 Results