Civil Procedure Code, 1908, Order 22, Rule 2 -- Abatement of ejectment proceedings - Landlady filed eviction application on ground of bonafide necessity as she required demised premises for her residence as well as that of her family - Landlady, being a widow, fall in category of specified landlords under Sec.23-J of M.P.Accommodation Control Act and thus, was competent to..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Impleading of L.R's - Delay in impleading - Abatement - Setting aside abatement and condonation of delay - Explanation furnished for the delay should be accepted as a rule rather than refusal particularly when inaction or negligence cannot be imputed to be deliberate or with mala fide intent...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Impleading of L.R's - Delay in impleading - Abatement - Setting aside abatement and condonation of delay - A liberal approach ought be taken even though there may be some lapse on part of the litigant but that would not be enough to shut the doors of justice unless such delay is attributed to mala fide intention...........
Civil Procedure Code, 1908, Order 22, Rule 2, 4 -- Suit for injunction - Death of defendant - Substitution of legal heirs - Perusal of plaint shows that, word `agent', his men or any other person claiming through the defendant` has been used and therefore, heirs of the defendants who are sought to be substituted can very well be treated to be the agent or any other man of..........
Civil Procedure Code, 1908, Order 22, Rule 12, 3, 4, 8 -- L.R's - Execution - O.22.Rr.3, 4 & 8 not applicable to execution proceedings - Execution proceedings do not abate for non impleading of L.R's - L.R's can be impleaded at any time in Execution proceedings - There is no bar to file a fresh Execution Petition also with the legal representatives on the party array,..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Legal heirs - Suit for partition - Preliminary decree passed wherein it was held that mother and brother of defendant had no right, title and interest in the suit property - Final decree proceedings based on the right declared in preliminary decree - As right of mother was negated in the preliminary decree, non..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Substitution of legal heirs - Suit for partition - Mother and brother of appellants arrayed as co-defendants as they also claimed their share - Suit decreed and preliminary decree passed holding that mother and brother of appellant have no right title and interest in suit properly - Final decree prepared on basis of..........
Civil Procedure Code, 1908, Order 22, Rule 3(2) -- (As in P&H) - Impleading of L.R's - There is no limitation for bringing on record legal representatives of plaintiff/appellant in a suit or an appeal - Amendment made by Punjab & Haryana High Court vide notification dated 21.2.1992 does not stand repealed by the Amending Act of 2002...........
Civil Procedure Code, 1908, Section 2(11), Order 22, Rule 4 -- Legal representative - Mahant - Demise - Petitioner appointed as Mahant to represent the office of the Mahant and estate of the dera as per the customs and practice of Bekh - Held, in case demised Mahant was sued in his personal capacity then of course petitioner being chela is a legal representative and is..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of LRs - Appeal - Death of respondent during pendency of appeal - Application for substitution of LRs of deceased alongwith application for condonation of delay - Appellant explained circumstances under which application for bringing LRs on record could not be filed earlier - Explanation made in application does..........
