Showing : 191-200 of 688 Results

PATNA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 22, Rule 4, 9-- Non substitution of L.R's - Suit for partition - One of appellant died during pendency of appeal - L.R's not substituted - Appeal as a whole becomes incompetent - In a suit for partition each and every co-sharer/co-owner is in the position of plaintiff as also defendant - For an effective decision..........
PATNA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 22, Rule 4, 9-- Non substitution of L.R's - When claim of parties with respect to suit properties is indivisible or inseparable, in that case on account of non substitution of heirs of any of the parties, the suit/appeal as a whole becomes incompetent and is liable to be dismissed...........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 22, Rule 4(4)-- L.R's - Impleading L.R's of defendant who was proceeded ex parte - Court can grant exemption from necessity of substituting L.Rs of any such defendant who failed to file written statement or who having filed it but has failed to appear before Court in order to contest the suit...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 5-- Impleadment of a person on the basis of Will - Determination of legal representative U.O.22.Rr.3,4 & 5 does not in any way affects the right of any person to get his status as heir/representative or as successor of deceased - Nor it operate as res judicata in any future proceedings - Order of..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10-- Impleadment of transferee pendente lite - Impleadment sought as plaintiff being bona fide purchaser - Transferee pendente lite is a necessary and proper party and should be impleaded - Order allowing impleadment, upheld...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Order 22, Rule 5-- Eviction proceedings - Impleadment as legal heir - Trial Court ordered that application of petitioner for impleadment as legal heir of plaintiff to be decided by Court after receiving evidence from parties on issues framed in this behalf - Held, matter of heirship of plaintiff is not straight and..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 22, Rule 3, Limitation Act, 1963, Section 5-- Substitution of LRs - Condonation of delay - Petition for substitution filed by wife after seven years of death of her husband i.e. original plaintiff - Wife had knowledge of pendency of appeal - Her plea that she was told by her husband that counsel would inform about hearing of application -..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 22, Rule 5-- Legal representatives - Determination of question as to who is legal representative - An order on the substitution application U.O.22.R.5 CPC is only for the limited purpose of representation of the estate of the deceased in a pending proceeding for the purpose of adjudication of that case - Such..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 22, Rule 4, Limitation Act, 1963, Section 5-- Substitution of L.R's - Condonation of delay - Negligence on part of Advocate - Plaintiff failed to prove that his Advocate had not informed him of death of defendant or requirement of moving application for bringing on record his legal representatives - Plaintiff pleaded that he is illiterate but..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 22, Rule 1, 2, Civil Procedure Code, 1908, Order 21, Rule 26-- Abatement - Execution - There is no abatement of execution proceedings as legal heirs of decree holder is on record and note can be taken by Court in record and proceed with execution - Execution, held, not to be dismissed...........

Showing : 191-200 of 688 Results