Showing : 1-10 of 42 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 22, Rule 10A-- Death of defendant - Counsel for defendant informed Court regarding death of deceased on 9.1.2012 - Application U.O.22.R.4 CPC filed on 2.4.2012 i.e within 90 days - It cannot be said that suit had abated - Application rightly allowed...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Application U.O.22.R.4 CPC - Not to be dismissed on mere technicalities...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Death of defendant Nos.2 to 4 - Substitution of LRs - Suit for cancellation of sale deed - Deceased defendants executed registered sale deed in favour of defendant No.1 - Since all rights and interest in suit property transferred in favour of defendant No.1, Courts below rightly held, that there..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Legal representatives - Suit filed against a dead person - O.22.R.4 CPC is not applicable - O.22.R.4 CPC applies only in case death of one of several defendants or sole defendant occurs during the subsistence of the suit...........
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..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Impleading of L.R's - Death of sole defendant during pendency of suit - Notice of application U.O.22.R.4 CPC served on L.R's and if they do not appear, Court to accept the application U.O.22.R.4 CPC, take the legal representatives on record and thereafter, issue summons of the suit to the legal..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 22, Rule 4-- Ex parte decree - Setting aside - Death of sole defendant during pendency of suit - Notice of application U.O.22.R.4 served on L.R's but they did not appear - Court instead of adopting the correct procedure to accept the application U.O.22.R.4 CPC, take the legal representatives on record and..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Suit filed against a dead person - O.22.R.4 CPC is not applicable - O.22.R.4 CPC applies in a case where either plaintiff or defendant dies during pendency of proceedings and not in respect of persons who died prior to institution of proceedings...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 4-- Substitution of L.R's - Execution - O.22.Rr.3, 4 CPC is not applicable to execution proceedings - Execution once started within time would not abate due to death of a party or for want of substitution of heirs and LRs, rather it remains pending with no progress until and unless someone as heir or..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Abatement of appeal - Defendant died during pendency of first appeal - Application U.O.22.R.4 CPC not filed within time limit - First appeal preferred before Revenue Authority abated automatically - Subsequent examination of merits by first appellate Court on an appeal already abated is absolutely..........

Showing : 1-10 of 42 Results