Civil Procedure Code, 1908, Section 47, Order 22, Rule 4(4) -- Decree against dead person - Execution - Decree passed against a dead person without impleading his L.R's is a nullity and inexecutable - Held, Executing Court did not commit any jurisdictional error in dismissing the execution proceedings...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- L.R's - Impleading - It is not that L.R's alone can move the application - Application can be moved by any third person - Legal representatives cannot be brought on record suo motu - Application is a must - An application by proforma respondent to bring on record L.R's is maintainable...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- L.R's - Impleading - Delay - Condonation - Courts are adopting liberal approach while condoning delay...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Partition suit - Impleadment as defendant in partition suit in which trial Court has already passed preliminary decree - Applicant claiming joint ownership of suit property under Will - When preliminary decree, having not been challenged in appeal, has become final, question of impleading applicant does not arise -..........
Civil Procedure Code, 1908, Order 1, Rule 1, 10 -- Necessary and property party - Distinction - Necessary party is one without whose presence, Court cannot pass effective decree - Person having some interest in suit property may be proper party, but not necessary party - Suit is rendered bad only when necessary party is omitted to be impleaded - Non impleading of proper..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Ex parte decree - Appellant took possession - Respondent not impleaded as party to suit - Respondent had earlier filed suit impleading appellant also claiming tenancy rights in suit premises - Ad-interim injunction restraining appellant from disturbing possession of respondent was passed in that suit - Without that order..........
Appeal -- Abatement - Non impleading of L.R's - Suit for permanent injunc-tion filed by three brothers as co-owners of joint family property against Munici-pal Council decreed - One brother died during pendency of appeal - Non impleading of L.R's despite knowledge - Suit filed by all the co-owners showing that all of them intended to exercise their right as co-owners -..........
Co-owner -- When there are other co-sharers suit by one of the co-sharers without impleading others is not maintainable...........
Civil Procedure Code, 1908, Section 146, Order 22, Rule 10 -- Devolving of interest in suit property by sale deed Impleading of purchaser in appeal or revision - Held, provisions of S.146 and O.22.R.10 CPC do not preclude a person who has not got himself added in the Court below to seek addition in an appeal or revision...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Company - Cheque dishonoured - Prosecution of Chairman alone without impleading the Company - Complaint is maintainable - Under S.141, the Company and the person who is incharge and responsible to Company for conduct of its business are both liable for punishment, but there is no requirement that both of them should be..........