Showing : 11-20 of 49 Results

KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Section 21-- Suit filed against a dead person - Death was not within knowledge of plaintiff and suit filed within time - If Court is satisfied that non impleadment of legal heirs of deceased defendant was a bona fide mistake, then Court has got power to implead them invoking O.1.R.10 CPC and S.21 of Limitation..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Suit filed against a dead person - O.22.R.4 CPC is not applicable - O.22.R.4 CPC applies in a case where either plaintiff or defendant dies during pendency of proceedings and not in respect of persons who died prior to institution of proceedings...........
MADHYA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 22, Rule 4-- Withdrawal of suit - Sole defendant - Suit filed against a dead person - Suit is a nullity - Substitution of his L.R's cannot be permitted - Trial Court by exercising its power allowed the withdrawal of suit as it was inhibited with `formal defect' - Held, order cannot be faulted with...........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Decree against a dead person - Death of two defendants during pendency of suit and their L.R's not impleaded - Decree passed on merits - Decree passed against dead persons, cannot be sustained - Judgment and decree set aside - Matter remitted for decision afresh...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Suit against a dead person - Impleading his L.R's - Plaintiff ignorant as to such death - Mistake in good faith - Suit can continue and order allowing legal representatives to be brought on record, upheld...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 151, Order 22, Rule 4-- Substitution of legal heirs - Whenever a suit is filed against a dead person who is the sole defendant in suit, the suit would be nullity and legal representatives of said defendant cannot be substituted with the help of O.22.R.4 R/W S.151 CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit against a dead person - Provision of O.6.R.17 CPC cannot be invoked to delete the name of a dead person who was dead before the institution of suit or for purpose of substituting any other person in his place...........
MADRAS HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a), (d)-- Rejection of plaint - Suit against dead person - Substantial relief claimed against dead person - Suit, held, not maintainable - Plaint rejected...........
MADRAS HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of third parties as co-plaintiffs - Where substantial relief sought for is against a dead person, applicants/third parties have no locus standi or legal right for seeking an order to implead them in suit and cannot raise a plea that plaint should not be rejected U.O.7.R.11(a), (d) CPC..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Suit against a dead person - Suit will not abate if his L.R's are already on record in the suit in another capacity and no application is necessary to impleaded them...........

Showing : 11-20 of 49 Results