Civil Procedure Code, 1908, Order 22, Rule 4(4) -- L.R's - Exemption from bringing on record L.R's of deceased defendant - Exemption to bring on record the heirs and legal representatives of the deceased could be taken or granted by the court only before the judgment is pronounced and not after it...........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- L.R's - Exemption from bringing on record L.R's of deceased defendant - Exemption must be sought before judgment is pronounced - Decree passed is nullity if exemption is sought and granted after judgment is pronounced...........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Substitution of applicant in place of plaintiff - Suit for partition - After passing of preliminary decree, parties have lingered case and have shown least interest for partition of suit property by metes and bounds or by other mode - Plaintiff does not seem to be interested in having separate physical possession of his..........
Civil Procedure Code, 1908, Order 22, Rule 10 -- A person becoming party U.O.22.R.10 CPC steps in the shoes of the vendor transferee and he is bound by all the acts and actions of his vendor transferee...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of plaintiff - All the legal heirs are not required to be served as their interest fully protected by other legal heirs already on record - The deciding factor is whether estate of deceased plaintiff was effectively represented - There is no question of total or partial abatement...........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Substitution and impleadment of purchaser of property after passing of the decree for eviction - Courts below allowed the application - Order upheld...........
Civil Procedure Code, 1908, Order 22, Rule 2 -- L.R's - Failure to bring on record - Abatement of appeal - Abatement is dependent on nature of decree - In case decree is joint and indivisible then failure to substitute L.R's of party may cause abatement in entirety...........
Civil Procedure Code, 1908, Order 22, Rule 2 -- Abatement - Partition suit - Death after passing of preliminary decree - Non impleading of L.R's - Cannot be regarded as an abatement in respect of the entire suit...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- L.R's - Non impleading - Abatement - Setting aside - Consideration for condonation of delay u/s 5 Limitation Act and setting aside of the abatement U.O.22 are entirely distinct and different - Court always liberally considers the latter...........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- L.R's - Non impleading - Abatement - Setting aside - Principles governing: (i) 'Sufficient cause' should be understood and applied in a reasonable, pragmatic, practical and liberal manner, depending upon the facts and circumstances of the case, and the type of case; (ii) In considering the..........
