Showing : 481-490 of 692 Results

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..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 11-- L.R's - Impleading of beneficiary of Will - Allowed - Order upheld as in the matter of determination of legal representatives, the genuineness of Will is not to be final determined as inquiry for determination of legal representatives is summary in nature...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 16, 15(5), Civil Procedure Code, 1908, Order 22, Rule 3-- Eviction order - Revision against - Death of revision petitioner during pendency of revision - Revisional Court has inherent power to being L.R's on record - Limitation of 3 years prescribed U.O.22.R.3 is not applicable to proceedings under Rent Act...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- after amendment on 11th April, 1975 - No limitation for bringing on record legal representatives of deceased defendant - Period of limitation as prescribed under Article 120 Limitation Act - Not applicable...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 22, Rule 5-- Impleading of legal representatives of deceased - Dispute between the parties as to who are legal heirs of deceased - Incumbent upon Court first to adjudicate on issue of legal representatives - Without such adjudication - Legal representatives cannot brought on record...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 22, Rule 5-- Legal heirs - Dispute as to who are the legal heirs of the deceased - It is incumbent upon the Court to adjudicate the point and without adjudication, L.R's cannot be brought on record...........
KARNATAKA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 22, Rule 2, 4, 6, 11-- Death of one of defendant during pendency of appeal against decree in partition suit - When right to appeal survives on death of one of several defendants, but his L.R's not brought on record within period of limitation, appeal abates - Judgment pronounced by first Appellate Court when appeal had..........

Showing : 481-490 of 692 Results