Showing : 61-70 of 79 Results

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..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1997
Details
Limitation, Article 120,121-- Period of limitation - To be counted from date of death - Not from date of knowledge - Under Article 120 period of 90 days is to be reckoned from date of death of plaintiff or appellant, defendant or respondent, as the case may be, and not from date of knowledge - Period of 60 days under Article..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code-- Abatement of suit or appeal - After expiry of period prescribed by law of limitation - Formal order regarding abatement - Not required to be passed by Court...........
KARNATAKA HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 22, Rule 4, 9(2), Limitation Act, 1963, Section 5, Article 120-- Death of sole defendant - L.R's to be impleaded within 90 days - Suit abates if L.R's are not impleaded within time - Limitation for setting aside abatement is 60 days from date of abatement - If application for setting aside abatement is made after 150 days from date of death of party, applicant..........
SUPREME COURT OF INDIA
Year of decision: 1997
Details
Insolvency proceedings-- The effect of annulling the adjudication in insolvency proceedings, is to wipe out the effect of insolvency and to vest the property retrospectively in the insolvent - Consequence of annulling an order of adjudication is to wipe out altogether the insolvency and its effect - The property will..........

Showing : 61-70 of 79 Results