Showing : 21-30 of 69 Results

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...........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 22, Rule 4,9-- Suit for specific performance - Abatement of - Sole defendant died during pendency of suit - Plaintiff/appellant filed application U.O.22.Rr.4 & 9 alongwith application u/s 5 of Limitation Act about four years later despite knowledge of death of deceased defendant - Contention that application..........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 22, Rule 4(3)-- Substitution of LR's - Plaintiff filed application within period of 90 days from death of defendant - LR sought to be substituted filed reply without mentioning the date of death of original defendant - Abatement of suit sought by LR relying upon statement of some third person regarding date of..........
KERALA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 92-- Suit instituted u/s 92 CPC with leave of Court - Suit does not abate when sole plaintiff or all plaintiffs opted out or died - This by itself cannot put an end to the suit by abatement or otherwise as public interest is involved - It is not a suit prosecuted by individuals for establishing..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- Abatement- Once suit filed was dismissed as abated, subsequent suit by legal heirs of earlier plaintiff for same relief is not maintainable...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 22, Rule 3, 9-- Interim injunction - Grant of - Effect of abatement of suit - Held, a suit abates on expiry of ninety days - Law permits another sixty days time for setting aside abatement - Even if application is not filed within 150 days, an application can again be filed alongwith an application for..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Grant of - During pendency of application for setting aside abatement - Abatement of suit does not render Court powerless to grant interim injunction...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Abatement - Takes place automatically by application of law without any order of the Court - Setting aside of abatement can be sought once the suit stands abated...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- L.R's - Where plaintiff dies and right to sue survives then an application can be filed within 90 days to bring on record L.R's of the deceased plaintiff - In case application is not filed then suit abates - Once suit abates then it comes to an end except when abatement is set aside and the legal..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- Setting aside abatement - Ex parte order - Setting aside of - No notice of appeal was sent to respondents despite the fact that order of their substitution had been passed ex parte - Held, that by itself is not a ground for setting aside the judgment of first Appellate Court because a brother of..........

Showing : 21-30 of 69 Results