Showing : 11-20 of 85 Results

RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- Abatement of appeal - Condonation of delay - Death of plaintiff - Plaintiff being trustee of suit property filed suit though not instituted in the name of trust - But suit property is allegedly shown in the name of Trust - Applicant claiming himself to be authorized or working Trustee of suit..........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 9-- Abatement of appeal - Non-substitution of LRs - Death of sole plaintiff - Application for substitution of LRs of deceased plaintiff filed belatedly on account of ill-advice of counsel - Liberal approach has to be adopted by trial Court while considering application - However, Court rejected..........
GAUHATI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 9(1)-- Death of plaintiff - Non-substitution of LRs - Abatement of suit - Application for substitution filed after lapse of 5 years - Said application was dismissed - However, liberty was given to LRs to file suit afresh - By the time application for substitution filed, suit abated - Fresh suit on same..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 5-- Death of plaintiff during pendency of appeal - Question of substitution of LRs of deceased and abatement of suit/appeal for want of consequential steps has to be decided by that very Court where at the time of death of such party lis was pending...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Abatement of suit - Death of one of three plaintiffs - Suit for permanent injunction - Plaintiffs occupying three different portions of suit property and have filed a joint suit for enforcement of their individual right to use the main gate of the same - Case based on common cause of action - On..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Abatement of suit - Where LRs of deceased plaintiff are already on record, objection as regards abatement is completely untenable...........
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 -..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 2, 3-- Eviction petition - Petition filed by four joint owners - Death of one plaintiff - Abatement of suit - Suit for eviction can be filed by one of them or some of them without joining the others as plaintiff - Since surviving plaintiffs could have filed eviction suit even without joining the deceased..........
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..........

Showing : 11-20 of 85 Results