Showing : 51-60 of 69 Results

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..........
RAJASTHAN HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 22, Rule 4, 9, Civil Procedure Code, 1908, Order 43, Rule 1(k)-- Abatement - Application to set aside - Dismissal - Appeal and not revision lies - Fact of composite application U.O.22.Rr.4 & 9 alongwith application u/s 5 Limitation Act is immaterial as fact remains that abatement of suit is automatic on failure to bring on record legal representatives of..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 8, Rule 6-A, Civil Procedure Code, 1908, Section , Order 22, Rule 3, 4-- Failure to substitute deceased defendant in counter-claim - No abatement of counter-claim inasmuch as once legal representatives of deceased plaintiff brought on record, no requirement under law to substitute deceased defendant in counter-claim - As substitution made by plaintiff in the suit, the..........
BOMBAY HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 22, Rule 4, Specific Relief Act, 1963, Section 12, 21-- Agreement to sell - Death of vendor before filing suit - Suit for specific performance of contract and in the alternative for damages, filed against the legal representatives of the deceased vendor - Death of one of the defendants - Failure to bring on record the L.R's of the deceased defendant -..........
ALLAHABAD HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 4, Limitation Act, 1963, Section 5, Article 120, 121-- Substitution of L.R's - Delay - Condonation - Limitation for making application 90 days - Article 121 provides period of 60 days to make application to set aside abatement from date suit or appeal abates - Thus application for substitution with prayer for setting aside abatement may be made within..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 22, Rule 2-A, 2-B-- as added by Punjab & Haryana High Court - Effect of 1976 Amendment - Concept of abatement of suit or legal proceedings - Lost its effective meaning - Does not substantially take away or give right to either parties to the proceedings. ( Para 7)..........
DELHI HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 22, Rule 4, Limitation Act, 1963, Section 5-- Money suit - Death of defendant - Delay in bringing on record L.R's - Close relations not disclosing names and addresses of legal representatives - Attempt by Bank to find out particulars taking time of seven months - Sufficient cause for delay made out - Delay is condoned, abatement set aside and..........

Showing : 51-60 of 69 Results