Showing : 11-20 of 38 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 151, Order 22, Rule 3,9, Limitation Act, 1963, Section 5-- Abatement - Setting aside of - Condonation of delay - Applicant didn't know about pendency of appeal before first Appellate Court - Applicant No.1 is a house wife, who has studied only upto 8th standard and applicants No.2 & 3 were minor at the relevant time - In heading of application relevant..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5-- L.R's - Impleading of L.R's - Non impleadment - Abatement - Setting aside abatement - S.5 Limitation Act applies to an application filed U.O.22.R.9 CPC - An application for setting aside abatement has to be treated at par and the principles enunciated for condonation of delay under Section 5 of..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22, Rule 9-- Delay - Condonation - Sufficient cause - To be construed liberally so as to advance substantial justice, when the delay is not on account any dilatory tactics, want of bona fides, deliberate inaction or negligence on the part of the appellant; (ii) In considering the reasons for condonation of..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- Abatement - Setting aside - Principles governing - (i) The words 'sufficient cause for not making the application within the period of limitation' should be understood and applied in a reasonable, pragmatic, practical and liberal manner, depending upon the facts and circumstances of the case, and..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5-- L.R's - Non impleading - Abatement - Setting aside - Principles governing: (i) 'Sufficient cause' should be understood and applied in a reasonable, pragmatic, practical and liberal manner, depending upon the facts and circumstances of the case, and the type of case; (ii) In considering the reasons..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5-- L.R's - Non impleading - Abatement - Setting aside - Principles governing: (i) 'Sufficient cause' should be understood and applied in a reasonable, pragmatic, practical and liberal manner, depending upon the facts and circumstances of the case, and the type of case; (ii) In considering the reasons..........
KARNATAKA HIGH COURT
Year of decision: 2008
Details
Limitation Act, 1963, Article 120, 121-- Appeal - Abatement for not bringing on record L.R's within time - Application to set aside abatement of appeal filed within time - Held, application is not maintainable where condonation of delay in bringing legal representative of deceased respondent was not sought for by making separate..........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Limitation Act, 1963, Article 121-- Death of a party - L.R's not brought on record within time - Suit abated - Application to set aside abatement - Limitations starts from the date of death of a party and not from the date of knowledge of death...........
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..........
MADHYA PRADESH HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 9-- L.R's - Substitution - Application filed after 90 days of limitation alongwith delay condonation application - No formal prayer for setting aside abatement made - Application for substitution of L.R's to be treated as an application to set aside abatement...........

Showing : 11-20 of 38 Results