Showing : 431-440 of 608 Results

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..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 22, Rule 9, 3, 4-- Setting aside of abatement of suit - Prayer for setting aside abatement as regard one of the plaintiffs - Can be construed as a prayer for setting aside abatement of suit in its entirety - Opinion of trial Judge allowing prayer for setting aside abatement and his finding on `sufficient cause' for..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 22, Rule 9, 3, 4-- Provision of abatement - To be construed strictly - Prayer for setting aside abatement and dismissal consequent upon abatement - To be considered liberally - Simple prayer for bringing legal representatives on record without specifically praying for setting aside of abatement - To be construed as..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 22, Rule 9, 3, 4-- Legal representatives brought on record at any stage of the proceedings - Enures for the benefit of entire proceedings - Prayer made in appeal for bringing on record legal representatives once allowed - Would have the effect of bringing legal representatives on record not only in the appeal but..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 22, Rule 9, 3, 4-- Abatement of suit for failure to move application for bringing legal representatives on record within prescribed period of limitation - Automatic - Specific order dismissing suit as abated - Not called for - Once suit has abated as a matter of law, though there may not have been passed on record a..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 22, Rule 9, 3, 4-- Litigant ought not to be denied opportunity of having a Us determined on merits unless he has, by gross negligence, deliberate inaction or something akin to misconduct, disentitled himself from seeking indulgence of Court - For a period of ninety days from the date of death of any party^Suit..........
RAJASTHAN HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 22, Rule 4(3), 9, Civil Procedure Code, 1908, Order 43, Rule 1(k)-- Death of one of the defendants - Impleading of L.R's - Failure to implead - Suit does not abate when one or some of the legal representative are already on record though in a different capacity...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 144, Order 21, Rule 15, Civil Procedure Code, 1908, Section , Order 22, Rule 3, 4, 12-- Restitution of possession, application for - In the nature of execution - One of the decree - holders competent to apply for execution of whole of the decree for the benefit of all the decree - holders - Once decree has been set aside - Judgment - debtors as a matter of right entitled to..........

Showing : 431-440 of 608 Results