Showing : 1-10 of 12 Results

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..........
CHHATTISGARH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5-- Application for setting aside abatement - Condonation of delay - Application filed by applicants for bringing them on record as heirs and LRs of deceased appellant after a period of 11 years - Proposed LRs No.3(a) has signed the affidavit in English - A bare perusal of Vakalatnama signed by..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 22, Rule 4, Limitation Act, 1963, Section 5-- Bringing legal heirs on record - Condonation of delay - Averments contained in application ex-facie lack bona fide - Petitioners have failed to explain delay by showing sufficient cause - Held, it is true that approach of Courts should be liberal so far as applications filed u/s 5 of Limitation..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 9-- Plaintiff expired on 30.12.1988 - Application for impleading legal heirs filed on 5.5.1989 - Application dismissed being time barred by 36 days - Suit dismissed as abated - Application for impleading legal heirs is to be filed within 3 months - Application for setting aside abatement can be filed..........
HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PANCHKULA
Year of decision: 2006
Details
Consumer Protection Act, 1986, Section 24A-- Limitation - Insurance claim - The right of inheritance opened on the date of death of insurer on 10.11.1997 - Both the complainants daughter and son were minors, they were under disability to file claim - Repudiation of claim in the year 1999 - Complainants being legal heirs of the deceased had..........
GUJARAT STATE CONSUMER DISPUTES REDRESSAL COMMISSION, AHMEDABAD
Year of decision: 2003
Details
Consumer Protection Act, 1986, Section 15, Limitation Act, 1963, Article 120,121-- Abatement of complainant - Validity - Existing of legal heirs - No provisions in the CP Act which would indicate abatement of complainant upon death of complainant where right to the complainant survives to the heirs...........
DELHI HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 22, Rule 4, Limitation Act, 1963, Section 5-- Death of defendant - Impleading of L.R's - Delay - Due to time taken in ascertaining names of legal heirs of deceased - Sufficient cause - Delay condoned...........
SUPREME COURT OF INDIA
Year of decision: 1996
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22, Rule 3-- Sole appellant - Death - Delay in impleading L.R's - Affidavit of Advocate stating delay due to his not being able to communicate with legal heirs and of legal representa-tives not being aware of the appeal, is valid - Delay condoned and abatement set aside...........
ALLAHABAD HIGH COURT
Year of decision: 1996
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22, Rule 2, 3, 4, 5, 6-- Death of one of the respondents - Legal representatives and heirs of deceased respondent could not be brought on record due to mistake of Court - Party cannot be penalised for it - Court allowed substitution of L.R's by condoning delay - Held, such order not to be interfered with by High Court..........

Showing : 1-10 of 12 Results