Showing : 41-46 of 46 Results

BOMBAY HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Order 22, Rule 4, Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Section 21-- Suit filed against dead person - Amendment of plaint to substitute his heirs - The test to be applied in such a case, is whether the mistake in filing the suit was made in good faith or it is on account of any neglect or contumacy to the conduct of the plaintiff - If there is no neglect or lack of..........
SUPREME COURT OF INDIA
Year of decision: 1993
Details
Limitation Act, 1963, Section 21-- Proviso - Suit against a dead person - Substitution of heirs and legal representatives - Mistake of plaintiff found to be made in good faith - Held, proviso to S.21 applies...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1993
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Suit filed against a dead person - Impleading of LR's of dead person - Application U.O.1 R.10(2) filed immediately after the date of knowledge - Suit against the newly sub-stituted LR's still within time if filed afresh - Mistake in impleading dead person bonafide - Trial Court rightly allowed the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1992
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 4-- Suit filed by a dead person or against a dead person - is a nullity - Their legal representatives cannot be brought on record...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1990
Details
Civil Procedure Code, 1908, Order 22, Rule 4, 5-- Decree against dead person - Can be set aside on the prayer of the legal representatives only if they prove (i) that they had no knowledge of the suit (ii) there was no intentional failure on their part to bring themselves on the record and (iii) the Court has satisfied itself, before decree is..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 1988
Details
Civil Procedure Code, 1908, Section 153, Order 22, Rule 4, Civil Procedure Code, 1908, Order 1, Rule 10-- Suit filed against a dead person - O.22.R.4 is not attracted-No legal impediment to bring on record the L.R's under O.1, R.10 r/w S.153 CPC...........

Showing : 41-46 of 46 Results