Showing : 1-10 of 28 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 22, Rule 10A-- Death of a party - Onus is cast upon pleader of party which has died during pendency of lis, to inform about said fact to Court, provided pleader has knowledge of said fact - However, limitation will start running from date when said fact is brought into notice of opposite party by counsel..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- Abatement of appeal - Condonation of delay - Death of plaintiff - Plaintiff being trustee of suit property filed suit though not instituted in the name of trust - But suit property is allegedly shown in the name of Trust - Applicant claiming himself to be authorized or working Trustee of suit..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 4-- Suit filed against a dead person - Application U.O.22.R.4 CPC dismissed as not maintainable as said provision is applicable only when death occurs during pendency of suit - Held, there is no bar in filing application U.O.1.R.10 CPC when application U.O.22.R.4 CPC was dismissed as not maintainable..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Section 21-- Suit filed against a dead person - Death was not within knowledge of plaintiff and suit filed within time - If Court is satisfied that non impleadment of legal heirs of deceased defendant was a bona fide mistake, then Court has got power to implead them invoking O.1.R.10 CPC and S.21 of Limitation..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 3(2), 4(3)-- Death of plaintiff or defendant - Abatement - There is automatic abatement on the death of a party, once the period of 90 days provided for filing a substitution application expires - Abatement comes into effect without intervention of Court - However, after expiry of period of 150 days from the..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 3, Limitation Act, 1963, Article 120-- Death of plaintiff - Substitution of L.R's - Limitation - Where plaintiff dies and right to sue survives, Court on an application made in that behalf shall cause L.R's of deceased plaintiff to be made party and shall proceed with the suit - However, period of limitation for moving such..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 9-- Death of plaintiff - Substitution of L.R's - Condonation of delay - Application filed by daughter/respondent after 11 years of death of her father/plaintiff - However, period of limitation for moving such application is 90 days u/art 120 of Limitation Act - More so, respondent had full knowledge..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Death of plaintiff - Substitution of LRs - Where application to bring on record LRs of plaintiff was filed by defendant within 30 days from the date of knowledge of death of plaintiff, application not barred by limitation as period of limitation cannot be counted from the date of death of..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a), (d)-- Rejection of plaint - Suit for partition, possession and injunction - Predecessor-i, interest of plaintiffs had already received benefits under the Will of father of defendants therefore the claim of plaintiffs for partition of suit property is barred by principles of estoppel - Plaintiffs failed..........
ORISSA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 4-- Substitution of LR's - Limitation - Application for substitution is governed by provisions of Arts.120 & 121 of Limitation Act - If a petition for substitution is not filed within 150 days of the death of deceased party ordinarily three applications are filed : one for substitution, another for..........

Showing : 1-10 of 28 Results