Showing : 461-470 of 688 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 22, Rule 5-- `Legal heir' & `Legal representative' - Distinction - Concept of `Legal heir' is the result of operation of law of succession and other related personal laws - Legal representative is a person who is entitled to represent the estate of the deceased in the proceedings in which the necessity arises..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 11, Order 22, Rule 5-- Legal representative - Determination - Not res judicata in subsequent proceedings - Determination under O.22.R.5 CPC is exclusively for the purpose of ensuring that the deceased is represented effectively by somebody or the other - Such a determination cannot be treated as final pronouncement as..........
MADRAS HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- L.R's - Not entitled to take up a new plea other than the one taken up by the deceased defendant - They are to proceed with the case from the stage of death of defendant...........
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...........
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..........
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...........

Showing : 461-470 of 688 Results