Showing : 41-50 of 69 Results

MADHYA PRADESH HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Death of co-plaintiff - L.R's not impleaded within time - Suit abated - Setting aside abate - Sufficient cause - In application for impleading L.R's and setting aside abatement date or time of death or knowledge of appellant about the death of deceased plaintiff not mentioned - Appellant negligent..........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 22, Rule 3, Civil Procedure Code, 1908, Order 1, Rule 9-- Right of easement - Six plaintiffs - Death of one - L.R's not impleaded - Abatement of suit qua one plaintiff - Suit does not abate qua other plaintiffs as right to sue survives - Right of easement or easement of necessity is an independent and separate right and every individual can claim it..........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Non impleadment of L.R's - Suit for declaration, injunction for removal of obstruction in enjoyment of right of way and use of door - Death of one of six plaintiffs - L.R's not impleaded - Abatement of suit qua deceased plaintiff does not abate suit qua other plaintiffs - Right to sue survives and..........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section (2), Order 22, Rule 2, 3-- L.R's not impleaded - Abatement of suit - Takes place in its own force by passage of time - No specific order for abatement is envisaged - Order recording dismissal of suit as abated or its dismissal in its own force by passage of time is not a decree...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 22, Rule 1-- Abatement of suit - One of the performa defendant proceeded ex-parte - Died during pendancy of suit - Trial Court dismissed the application for impleading LR's being time barred - Appellate Court affirmed the findings of Trial Court - Suit abated - Deceased defendant was neither in possession nor..........
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..........
RAJASTHAN HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 22, Rule 4, 9-- Sole defendant - Death - L.R's not brought on record - Abatement of suit - Plaintiff had no knowledge of death of defendant - Proceedings of suit stayed because of revision filed by defendant - Death of defendant during pendency of revision - Application to implead L.R's filed after four years -..........
RAJASTHAN HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 22, Rule 1, 4(4)-- Death of sole defendant during pendency of application U.O.9.R.7 CPC - Plaintiff failing to bring on record L.R's within time - No application for setting aside abatement filed by plaintiff thereafter - Suit automatically abated on date of death of sole defendant...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 22, Rule 9, 3, 4-- Setting aside of abatement of suit - Prayer for setting aside abatement as regard one of the plaintiffs - Can be construed as a prayer for setting aside abatement of suit in its entirety - Opinion of trial Judge allowing prayer for setting aside abatement and his finding on `sufficient cause' for..........
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..........

Showing : 41-50 of 69 Results