Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment as plaintiff and consequential amendment - Interest in the shop devolved upon a person - He should be impleaded as a plaintiff - Consequential amendment of pleadings will be in the interest of justice - Basic parameters of suit not altered - There is nothing wrong in..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of appeal - Non-substitution of LRs of plaintiff - Eviction suit - Not arraying/substituting all LRs of plaintiff would not lead to abatement of appeal as a whole, particularly where each of plaintiffs have an independent severable right to claim eviction of defendants...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of appeal - Non-substitution of LRs of defendant no.2 - Eviction suit - No relief sought against defendant no.2 in suit and defendant no.2 also did not file any counter claim - Further claim made by defendant no.2 has been negated by all Courts including Supreme Court - Failure to implead LRs of defendant no.2..........
Civil Procedure Code, 1908, Order 22, Rule 3, Civil Procedure Code, 1908, Order 43, Rule 1(k), 104 -- Rejection of application U.O.22.R.3 CPC - Appeal - Maintainability - Application for substitution was dismissed U.O.22.R.3 CPC - There is no specific prayer for setting aside abatement either in the substitution application or even by means of a separate application - As..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant no.1 - Substitution of LRs - One of LRs of deceased defendant already been impleaded as a defendant in the suit, therefore other LRs be impleaded as defendants - Though there is delay in filing application for bringing LRs on record and there is no formal prayer for condonation of delay but in interest of..........
Civil Procedure Code, 1908, Order 22, Rule 4, Civil Procedure Code, 1908, Order 41, Rule 14(3) -- (As in HP) - Substitution of LRs - Death of defendant No.18 during pendency of first appeal - Defendant No.18 was proceeded ex parte in trial Court as well as in first Appellate Court - He did not contest matter in either Courts and as such his service or service upon his LRs..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of one of plaintiffs - Substitution of LRs - Husband of deceased plaintiff not willing to join - Interest of minor children of deceased plaintiff allowed to be protected - Maternal grandmother of children directed to be taken on record as plaintiff and husband of deceased plaintiff as defendant...........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Abatement of suit - Death of defendant - Where estate of deceased is adequately represented before Court there can be no abatement...........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Death of defendant - Substitution of LRs - Legal representatives of deceased defendant were not required to be brought on record as he was representing estate of his father/original defendant - Original defendant not chosen to contest the suit by filing written statement and his estate otherwise was adequately represented..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement of appeal - Joint decree against five defendants - Second appeal jointly filed by all the five defendants - Death of appellant Nos.2 & 5 during pendency of second appeal - Initially appeal was stated to have abated against appellant Nos.2 and 5 but later on abatement order against appellant No.5 was recalled as his..........
