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 18, Rule 4, Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Legal Representation - Permission to file affidavit of LR as plaintiff - Once plaintiff had filed affidavit and he was even partly cross-examined and thereafter he closed his evidence, LR who stepped into shoes of plaintiff after his death cannot file another..........
Civil Procedure Code, 1908, Order 22, Rule 4(3) -- Partition - Death of one of respondents during pendency of appeal - No steps were taken for substitution of LRs of deceased respondent - Appeal filed by Defendant nos.16 to 18 abated against deceased respondent...........
Civil Procedure Code, 1908, Order 22, Rule 4(3) -- Partition - Death of one of respondents - Non impleadment of L.R's - Appeal abated against one respondent - Appeal against other co-sharers of property cannot be proceeded in absence of representation of estate of one of co-sharer...........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Abatement of suit - When each of application bring forth a sound explication for the occurrence of the apposite delay thereupon after condoning the apposite delay this Court deems it fit to set aside the order of, abatement of the appeal - Orders for substitution of the deceased by his LRs being made in the array of..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of appeal - Non-substitution of LRs of defendant no.1 - Suit for specific performance - Defendant No.1 died during pendency of appeal - LRs of defendant No.1 were necessary party in appeal and in absence of same, appeal preferred by plaintiff abated - Appeal abates...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendants - Defendant Nos. 1 and 3 died and had neither put in appearance nor had filed any written statement - Plaintiffs thus, entitled for allowing of their application giving benefit of O.22.R.4 CPC...........