Showing : 431-440 of 621 Results

RAJASTHAN HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 22, Rule 4(4)-- Death of sole defendant during pendency of application U.O.9.R.7 CPC - Plaintiff himself submitted application for bringing on record LRs of defendant - Suit could not have proceeded without deciding said application - Court was under obligation to issue notice to LRs of defendant - Finding of..........
RAJASTHAN HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 22, Rule 4-- Exparte order - Setting aside - Death of defendant during pendency of application - Plaintiff informing Court about death of defendant but did not apply to bring on record L.R's - Order of trial Court that suit had abated - Appellate Court remanding case to trial Court - Trial Court allowing..........
RAJASTHAN HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 22, Rule 1, 4(4)-- Death of sole defendant during pendency of application U.O.9.R.7 CPC - Plaintiff failing to bring on record L.R's within time - No application for setting aside abatement filed by plaintiff thereafter - Suit automatically abated on date of death of sole defendant...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 22, Rule 5-- Legal representatives - All the legal heirs giving up their claim in favour of one by filing an affidavit to this effect - No challenge to the affidavit that the same is false or is result of misrepresentation or fraud - Impleading of one legal heir as legal representative of the deceased..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 22, Rule 5-- Legal representative - Impleadment - Order as to - Not a final adjudication as to validity of Will - Final adjudication is not required as to the status of L.R. before impleading him as legal representative...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Substitution of defendants No.4 & 5 as L.R's of deceased defendant No.1 their father - Application not opposed by plaintiff - Contest put up by defendant No.1 not to be taken into consideration for rejection of application - Inter-se dispute of defendants, if any, has to be decided in independent..........
BOMBAY HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 22, Rule 4, 9-- Impleading of L.R's - Setting aside abatement - Prayer for bringing on record legal representatives - Relief of setting aside abatement though not prayed is implied - Order of abatement set aside...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52-- Transferee pendente lite - Impleadment as a party - There is no absolute rule that the transferee pendente lite without leave of the court should in all cases be allowed to join and contest the pending suits...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52-- Transferee pendente lite - Impleadment as a party - Purchase of property during pendency of suit without leave of Court - Transferee should ordinarily be joined as party to enable him to protect his interest - However, in the instant case trial Court assigned cogent reasons for rejecting such..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10-- Impleading of a party - Applicant purchased a part of suit property during pendency of suit - Not a necessary party - Cannot be impleaded as a party to the suit - However applicant allowed to defend the suit on behalf of its vendors as he had purchased a part of suit of property - Applicant will..........

Showing : 431-440 of 621 Results