Civil Procedure Code, 1908, Order 22, Rule 5 -- Claim on the basis of Will - Two issues, namely, the status of appellant and whether she would claim to be a legal representative along with the question as to whether the Will propounded by the appellant is legal and valid and how far the same could be relied upon - Disputes questions of fact cannot be decided without..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Legal representatives - Impleading of - On the basis of execution of Will in England qua property situated in Punjab - Plea that Will cannot be relied upon in India, unless a probate from the competent Court is obtained - Held, in respect of Wills either executed in Punjab or in respect of immovable property situated in..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement - Takes place automatically by application of law without any order of the Court - Setting aside of abatement can be sought once the suit stands abated...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Non substitution of L.R's - Appeal whether abates in toto or only qua the deceased defendant, depends upon the facts and circumstances of each case - Where each one of the parties has an independent and distinct right of his own, not inter-dependent upon one or the other, nor the parties have conflicting interests inter se,..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 4, Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Suit against a dead person is not competent...........
Civil Procedure Code, 1908, Order 1, Rule 1, 2, Civil Procedure Code, 1908, Order 22, Rule 10A -- Striking out and adding parties by Court - Validity - Application for condonation of delay filed by defendant/appellants after death of defendant for filing appeal - After said demise persons who were claiming rights to hold cattle fair on the land would be persons who were..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 22, Rule 4-A -- Death of tenant during pendency of appeal - Tenant issueless widower - Nephew of deceased seeking impleadment as L.R. - Landlord filed application for appointing an officer of court U.O.22.R.4-A CPC to represent the estate of deceased tenant and hand over vacant..........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- Condonation of delay - Death during pendency of appeal - Delay of 778 days in impleading L.R's - Condonation of delay - Applicants not aware of the pendency of appeal - Applicants totally callous about pursuing appeal - They acted irresponsible and even with negligence - Not approached Court..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- L.R's - Where plaintiff dies and right to sue survives then an application can be filed within 90 days to bring on record L.R's of the deceased plaintiff - In case application is not filed then suit abates - Once suit abates then it comes to an end except when abatement is set aside and the legal representatives are ordered..........
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..........