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SUPREME COURT OF INDIA
Year of decision: 1975
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 10-- Interest devolved upon another during pendency of suit - Suit does not come to an end - Suit in representative capacity - Devolution of interest of the representative - O.22.R.10 applies and not rule 3 or 4...........
PATNA HIGH COURT
Year of decision: 1974
Details
Civil Procedure Code, 1908, Order 21, Rule 16, Civil Procedure Code, 1908, Order 22, Rule 10-- Decree holder dies during execution - Proper procedure to apply U/O.21.R.16 and not under O.22.R.10 CPC...........
KARNATAKA HIGH COURT
Year of decision: 1974
Details
Civil Procedure Code, 1908, Order 22, Rule 4, Civil Procedure Code, 1908, Order 1, Rule 10-- Suit for rendition of accounts against several defendants - Preliminary decree passed and during the pendency of the final decree proceedings one of the defendant died - Plaintiff not making the application for impleading L.R's within the period of days from the date of his death - The legal..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1973
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 3-- Two plaintiffs - One plaintiff dead before institution of suit - Legal representatives already on record - Defendant could be substituted as plaintiff by transposition U.O.1.R.10 CPC even if O.22.R.3 CPC may not apply...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1972
Details
Civil Procedure Code, 1908, Order 22, Rule 10-- Transfer pendente lite - Transferee's application for being impleaded - Should ordinarily be granted unless some exceptional grounds for rejecting it - Applicability of principle of lis pendens - No ground for disallowing - Transferee when impleaded can raise only those defences which were open to..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 0000
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10-- Addition of a party - Transferee penente lite without leave of Court - Neither a necessary nor a proper party - Cannot be added as a party U.O.1.R.10 CPC - However, such a transferee pendente lite can continue or defend the suit U.O.22.R.10 CPC by stepping into the shoes of the party assigning..........

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