Showing : 41-49 of 49 Results

BOMBAY HIGH COURT
Year of decision: 1998
Details
Limitation Act, 1963, Section 21, Civil Procedure Code, 1908, Order 22, Rule 4-- Proviso - Suit against a dead person - Death having taken place long before filing of suit - Mistake bona fide - No neglect or contumacy attributed to plaintiff - Prayer for bringing on record L.R's of deceased defendant allowed...........
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...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1983
Details
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 44, 42-- Suit to challenge order passed under the Act - If it can be shown that order passed against aggrieved party without hearing and without affording full opportunity to plead its case - Civil Court will have jurisdiction to entertain suit - Suit by Inder for declaration that order of Additional..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1974
Details
Civil Procedure Code, 1908, Order 22, Rule 1, 2, Civil Procedure Code, 1908, Order 41, Rule 20-- In a suit defendant died and his son impleaded Appeal filed in the name of dead person as his name was contained in certified copy to judgment - If mistake is bonafide the name of the son can be allowed to be impleaded U/O.41.R.20 CPC - Mistake not bonafide - In the circumstances the appeal abates..........

Showing : 41-49 of 49 Results