Showing : 41-50 of 410 Results

CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 9-- Abatement of appeal - Non-substitution of LRs - Death of sole plaintiff - Application for substitution of LRs of deceased plaintiff filed belatedly on account of ill-advice of counsel - Liberal approach has to be adopted by trial Court while considering application - However, Court rejected..........
GUJARAT HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 3, 10-- Death of sole plaintiff during pendency of appeal - Appeal abated as non applied for substitution of L.R's - Application by third party for joining them as appellants - Not maintainable - Such application can be heard only in pending proceedings and not when proceedings stood abated...........
GAUHATI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 9(1)-- Death of plaintiff - Non-substitution of LRs - Abatement of suit - Application for substitution filed after lapse of 5 years - Said application was dismissed - However, liberty was given to LRs to file suit afresh - By the time application for substitution filed, suit abated - Fresh suit on same..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - To seek relief of specific performance by way of counter claim on the basis of agreement to sell - Agreement to sell in favour of defendant executed by original owner in 1983 - Amendment sought in 2015, when defendant came to know about the death of original owner..........
KERALA HIGH COURT
Year of decision: 2017
Details
Constitution of India, 1950, Article 300A-- Right to property - To hold that one would suffer a civil death and be deprived of his property on entering into Holy Order would be naked infringement of Art.300-A of the Constitution...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 5-- Death of plaintiff during pendency of appeal - Question of substitution of LRs of deceased and abatement of suit/appeal for want of consequential steps has to be decided by that very Court where at the time of death of such party lis was pending...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Death of plaintiff during pendency of appeal - Judgment and decree passed in said appeal without taking note of death of plaintiff is admittedly against a dead person and a nullity - Impugned order of first appellate Court set aside - Case remanded to Lower Appellate Court for disposal afresh in..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- L.R's - On death of a party to appeal, if no application is made by the party concerned to the appeal or by legal representatives of the deceased on whom the right to sue devolves for substitution of their names in place of deceased party within 90 days from the date of death of the party, such..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 4-- Abatement of appeal - Death of sole plaintiff and two defendants during pendency of appeal - No steps taken by any of LRs representing dead persons - Appeal abates on expiry of statutory period of 90 days...........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Condonation of delay - Defendant failed to appear on account of illness and subsequent death of her husband - Sufficient cause shown by defendant for her no, appearance before trial Court - Delay condoned - Ex parte decree set aside...........

Showing : 41-50 of 410 Results