Showing : 11-20 of 29 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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 22, Rule 3(4)(As- - Impleading of legal representatives - O.22.R.3 CPC provided for a manner of impleadment of legal representative and the Limitation Act that prescribes the period when a failure to take action would result in abatement is procedural in character and therefore, the amendment must be deemed to be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 22, Rule 3(4)(As- - Impleading of legal representatives - There is no need at all to file an application for condoning delay in filing legal representative application or for setting aside abatement - Appeal could be prosecuted even in the absence of legal representatives from being brought on record as per the..........
GUJARAT HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 96(3), Civil Procedure Code, 1908, Section 96(3), Order 22, Rule 3- - Compromise decree - Appeal against - Maintainability - Held, when on a dispute as regards legality and validity of a compromise being raised, an inquiry is made in view of proviso to O.23.R.3 of the Code and suit is decreed on basis of a compromise based on that inquiry, it could not be held to..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5-- Application to bring LR on record - Delay of 1216 days - Condonation - Petitioner No.1 stated that plaintiff No.2 died due to illness - Petitioner No.1 was not doing well and was unable to move due to his illness - On account of his ignorance and illness, he could not intimate death of plaintiff..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 151, Order 22, Rule 3,9, Limitation Act, 1963, Section 5-- Abatement - Setting aside of - Condonation of delay - Applicant didn't know about pendency of appeal before first Appellate Court - Applicant No.1 is a house wife, who has studied only upto 8th standard and applicants No.2 & 3 were minor at the relevant time - In heading of application relevant..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- L.R's - Where plaintiff dies and right to sue survives then an application can be filed within 90 days to bring on record L.R's of the deceased plaintiff - In case application is not filed then suit abates - Once suit abates then it comes to an end except when abatement is set aside and the legal..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 41, 146, Order 21, Rule 16, Civil Procedure Code, 1908, Section , Order 22, Rule 3, 4, 12, Succession Act, 1925-- Death of decree holder during pendency of execution - Continuation of execution by Legal Representative - Requirement of succession certificate - Money decree passed by Court in Madhya Pardesh - Decree transferred to Bhiwani - Objections by son of Judgment Debtor - Dismissed - Appeal - Decree..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 12-- Execution proceedings - Provisions of O.22 Rr.3 & 4 not applicable in terms of O.22 R.12 - Legal Representative of deceased decree holder can continue with execution proceedings without being impleaded as party in the execution - Legal Representative are brought on record only as a matter of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Abatement of appeal - Suit for declaration filed by three appellants dismissed by both the courts below - Second appeal filed in the year 1988 - One appellant died in October, 1989 and another appellant died in 1993 - Application filed under Order 22 Rule 3 of the Code in January, 2000 - Plea of..........

Showing : 11-20 of 29 Results