Showing : 1-10 of 152 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 22, Rule 4, 2A, 2B-- Death of defendant No.2 - Substitution of L.R's - Application filed by plaintiff rejected on the ground that it is duty of L.R's themselves to come on record - No prejudice shall be caused to defendant, rather onerous duty cast by statue in terms of O.22.R.2-B would be satisfied that too at the..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 22, Rule 4, 9, 10A-- Death of one of defendants - Substitution of LRs - Application filed by plaintiff on basis of her personal knowledge - There is no mention in application as to when plaintiff came to know about death of deceased defendant, from what source and why previously said fact was not in her knowledge -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 13-- Death of defendant during pendency of application to set aside ex parte decree - Property alienated during pendency of application to set aside ex parte decree - Impleadment of transferee pendente lite - High Court allowed impleadment of transferee pendente lite on the ground that heirs of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Easements Act, 1882, Section 41-- Extinction on termination of necessity - Right of use of passage - Defendants have been granted right of use of passage in sale deed - It is not easement of necessity being claimed by defendants - It is right granted to defendant No.2 in sale deed - Rights of parties have to be adjudicated upon as..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 32, Rule 2, 3-- Person of unsound mind - Suit filed through natural guardian/mother - Suit was instituted by plaintiff through his mother acting as his next friend - Interest of mother is not adverse to plaintiff - Mere filing of suit for injunction by plaintiff through testamentary guardian against his mother..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 22, Rule 4(3)-- Abatement of appeal - Relief of declaration sought jointly against two defendants - Death of one of defendants - No application filed for bringing LRs of deceased defendant on record - Decree under challenge is joint and inseparable - Without presence of deceased or her legal heirs, dispute cannot..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Death of defendant - Substitution of LRs - All the LRs of deceased defendant were already on record in Trial Court in suit - One LR, who did not file his written statement remained ex parte - It is not necessary to implead him as party in first appeal...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Death of defendant - Substitution of LRs - Suit for specific performance - If out of all the LRs, majority of them are already on record and they contested the case on merits, it is not necessary to bring other LRs on record - Reason is that estate and interest of deceased devolve on LR is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Family Courts Act, 1984-- Civil Court decree acknowledging family settlement - Challenge as to - Suit for challenging civil Court decree filed after a period of 20 years - Plea of plaintiffs that they did not come to know of decree cannot be accepted, particularly when in revenue record defendant was being depicted as..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Decree against a dead person - Death of defendant and his LR's not impleaded - Separate suit can be maintained by heirs of deceased defendant seeking a declaration that decree passed is a nullity and not enforceable against them...........

Showing : 1-10 of 152 Results