Civil Procedure Code, 1908, Order 22, Rule 4(3), 10 -- Respondent before death sold his share to another party who is already on record - L.R's not brought on record - Appeal does not abate - By operation of O.22.R.10 interest of deceased devolved by transfer on respondents...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Appeal - Death of one of defendants - Other defendant who was representing all heirs of deceased widow already on record - L.R's not impleaded - Appeal will not abate...........
Civil Procedure Code, 1908, Order 22, Rule 1, 2, 4 -- Suit for permanent injunction simpliciter - Death of one out of several defendants - L.R's not brought on record - Suit does not abate...........
Civil Procedure Code, 1908, Order 22, Rule 4, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleading of L.R.'s - Giving effect to order - Is only a ministerial/administrative act, to be carried out by Court officers or by Presiding Officer himself - Such an order gives no right to plaintiffs, defendants or legal representatives to file amended pleadings...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Failure to enter the names of L.R's of defendant as per order of the Court in the cause title - Does not result in abatement of suit...........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Impleading of L.R's - Delay of 150 days - Affidavit filed in support thereof explaining delay which also contained a prayer that delay deserves to be condoned - Held, that separate application u/s 5 Limitation Act for condoning delay is not required...........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Impleading of L.R's - Delay of 150 days - No separate application or prayer for setting aside the abatement filed - Held, that prayer for setting aside abatement is implicit in the prayer for substitution...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 10 -- Partition suit- After Preliminary decree and before final decree one sharer died - LR's not brought on record - Final decree cannot be passed with out bringing LR's on record - O.22.Rr.3, 4 not applicable - O.22.R.10 applies - In a suit for partition or dissolution and settlement of accounts, entire final decree is a..........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Court has in appropriate cases, jurisdiction to exercise the power U. O.22 R. 4(4) even after the time limited for making the application for impleading the legal representatives is over...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Partnership firm-Accounts suit by one partner after dissolution of firm or after completion of the venture for which it was constituted-Death of one partner before filing of the suit-L.R's of deceased partner not impleaded-Suit abates even against living partners-All partners whether managing or otherwise are necessary..........
