Showing : 41-50 of 78 Results

SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- Abatement - Prayer for setting aside abatement as regards one of the plaintiffs can be construed as a prayer for setting aside the abatement of the suit in its entirety...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- Abatement - Failure to file application within time to implead L.R's - Abatement of suit is automatic and a specific order dismissing suit as abated is not called for...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- Abatement - Suit once abated though no specific order passed to that effect then L.R's proposing to be brought on record or any other applicant proposing to bring the legal representatives of the deceased party on record would seek the setting aside of an abatement...........
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..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 9-- Abatement of suit - Setting aside - Death of some plaintiffs - Failure of L.R's to come on record - Their interest not adverse to surviving plaintiffs and their estate was represented by surviving plaintiff's - Surviving plaintiffs could not be deprived of their right to seek declaration nor their..........
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...........
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..........
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..........

Showing : 41-50 of 78 Results