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Results of limitation legal heirs

Showing : 1-10 of 15 Results

ORISSA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of LRs of deceased defendant - Maintainability of application - There is no bar for filing application U.O.1.R.10 CPC, even when application U.O.22.R.4 CPC was dismissed as not maintainable - Legal heirs of deceased person in such a matter can be added parties..........

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..........

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..........

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..........

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 within next 60 days -..........

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 right to file complaint - The..........

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...........

Showing : 1-10 of 15 Results