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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..........

UTTARAKHAND HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleading of a party - Purchase of property during pendency of suit despite order of status quo - Property purchased without leave of Court - Order rejecting application for impleadment of transferee pendente lite, upheld...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 22, Rule 9 -- Setting aside abatement - Ex parte order - Setting aside of - No notice of appeal was sent to respondents despite the fact that order of their substitution had been passed ex parte - Held, that by itself is not a ground for setting aside the judgment of first Appellate Court because a brother of deceased, who was joint owner..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 22, Rule 4, 9, Limitation Act, 1963, Section 5 -- Impleading of L.R's - Delay - Condonation - Non impleadment of L.R's for more than one year inspite of knowledge of death of respondents - Reason stated to be busy in filing SLP's in Supreme Court because of time bound cases - Held, it is not sufficient reason in law for condonation of..........

RAJASTHAN HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 22, Rule 10 -- Purchaser during pendency of partition suit - It is discretion of Court to allow purchaser to be impleaded as a party - Purchaser allowed to be impleaded as a party - Purchaser already gave an undertaking that he will rely upon the written statement filed by seller and that he will not pray for new issues to be framed and..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 22, Rule 5 -- L.R's - Claim for impleadment by natural heir and by the other on the basis of Will - Will already under challenge - Natural heir ordered to be substituted subject to decision of suit wherein Will is under challenge...........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 22, Rule 9 -- Death of respondent during pendency of appeal - Non impleadment of L.R's - Abatement of appeal - Setting aside abatement - Where a respondent dies during the pendency of appeal, at a time when appeal has been pending for several years without being listed for hearing, the Court should take a lenient view in considering the..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 22, Rule 5 -- Legal representative - Allowing a person to pursue the suit on behalf of the deceased without determining the question as to whether he is the legal representative of the deceased or not, is not permissible - The question whether such person is or is not legal representative of the deceased had to be determined first..........

KARNATAKA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 22, Rule 2 -- Encroachment of public property - Suit for mandatory injunction - Death of one of the defendants during pendency of suit - Surviving defendant, held, is not competent to question judgment on behalf of a deceased one...........

CHHATTISGARH HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 22, Rule 3 -- Legal representative - Cannot take a plea which is inconsistent or contrary to the plea taken by the deceased defendant - Any such person may make any defence appropriate to his character as legal representative of the deceased and not more than that...........

Showing : 421-430 of 858 Results