Showing : 51-60 of 79 Results

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 -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Abatement of appeal - Suit for declaration filed by three appellants dismissed by both the courts below - Second appeal filed in the year 1988 - One appellant died in October, 1989 and another appellant died in 1993 - Application filed under Order 22 Rule 3 of the Code in January, 2000 - Plea of..........
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..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 22, Rule 9, 3, 4-- Abatement of suit for failure to move application for bringing legal representatives on record within prescribed period of limitation - Automatic - Specific order dismissing suit as abated - Not called for - Once suit has abated as a matter of law, though there may not have been passed on record a..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 22, Rule 9, 3, 4-- Litigant ought not to be denied opportunity of having a Us determined on merits unless he has, by gross negligence, deliberate inaction or something akin to misconduct, disentitled himself from seeking indulgence of Court - For a period of ninety days from the date of death of any party^Suit..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 22, Rule 9, Civil Procedure Code, 1908, Section , Order 1, Rule 8-- No abatement on death of any one of the plaintiffs or appellants in a suit filed in representative capacity - Only Article 137 Limitation Act applicable - Application for impleadment can be made within 3 years - Limitation Act, Article 137...........
BOMBAY HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 22-- Death of one of the defendants during pendency of suit - Application filed within time for bringing L.R's on record - Notice also issued to L.R's - Failure to pass order to alter the cause title to bring L.R's on record - Question of abatement of suit does not arise - Inaction on the part of Court..........

Showing : 51-60 of 79 Results