Showing : 381-390 of 624 Results

BOMBAY HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Non impleadment of L.R's - Suit for declaration, injunction for removal of obstruction in enjoyment of right of way and use of door - Death of one of six plaintiffs - L.R's not impleaded - Abatement of suit qua deceased plaintiff does not abate suit qua other plaintiffs - Right to sue survives and..........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section (2), Order 22, Rule 2, 3-- L.R's not impleaded - Abatement of suit - Takes place in its own force by passage of time - No specific order for abatement is envisaged - Order recording dismissal of suit as abated or its dismissal in its own force by passage of time is not a decree...........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 22, Rule 3, Civil Procedure Code, 1908, Order 1, Rule 9-- Right of easement - Six plaintiffs - Death of one - L.R's not impleaded - Abatement of suit qua one plaintiff - Suit does not abate qua other plaintiffs as right to sue survives - Right of easement or easement of necessity is an independent and separate right and every individual can claim it..........
KARNATAKA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 1, Rule 1, Civil Procedure Code, 1908, Order 22, Rule 1, Evidence Act, 1872, Section 108-- Plaintiff missing subsequent to the institution of suit - Wife seeking permission to prosecute suit - Suit for declaration of title and injunction in respect of joint family property - If applicant is not allowed to come on record and suit is dismissed then entire family will be put to a lot of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Section , Order 22, Rule 4-- Application filed by widow claiming to be additional legal representative of deceased - Opposed by other legal heirs on the ground that in view of Sec. 34 of Hindu Succession Act after re-marriage widow of pre-deceased son has no right of inheritance - Sec. 34 stands deleted - Even otherwise..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 22-- Legal representative - Meaning - A person who in law represent estate of deceased and includes any person who would represent the deceased litigant after his death...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- Consequences of death of one of the legal representative of original plaintiff, pending application for restoration of suit that stood dismissed - Original plaintiff died during pendency of suit - Legal Representatives impleaded - Suit dismissed in default - Application for restoration - One of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Decree passed without establishing right to sue of the Legal Representatives - Death of plaintiff - Three separate applications for impleading Legal Representatives - Issue framed as to who was the legal representative of deceased plaintiff - Not decided at time of final adjudication - Suit..........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- Provision of O.22.R.9 is applicable only when suit is based on same cause of action...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 22, Rule 1-- Abatement of suit - One of the performa defendant proceeded ex-parte - Died during pendancy of suit - Trial Court dismissed the application for impleading LR's being time barred - Appellate Court affirmed the findings of Trial Court - Suit abated - Deceased defendant was neither in possession nor..........

Showing : 381-390 of 624 Results