Showing : 21-30 of 79 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 4-- Abatement - Non-Subsitution of LR's - Even if application for impleading legal representatives of a deceased plaintiff or a deceased defendant is not made, suit shall not abate and notwithstanding the death, suit may be decided and the judgment shall have the same effect as if it had been..........
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...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 22, Rule 4, Limitation Act, 1963, Section 5-- Suit for specific performance - Condonation of delay in filing substitution application - Substantial amount given as advance money - Held, there is no question of any malafide or delay in such matters i.e. a suit relating to specific performance of contract to sell where a substantial amount has..........
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...........
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..........

Showing : 21-30 of 79 Results