Civil Procedure Code, 1908, Order 22, Rule 1, 2, Civil Procedure Code, 1908, Order 21, Rule 26 -- Abatement - Execution - There is no abatement of execution proceedings as legal heirs of decree holder is on record and note can be taken by Court in record and proceed with execution - Execution, held, not to be dismissed...........
Criminal Procedure Code, 1973, Section 133, 138, 482 -- Removal of nuisance - Quashing of proceedings - District Magistrate gave certain guidelines to prevent causation of pollution from industrial units and abate nuisance to general public - Said order not satisfying essential requirements of final order u/s.138 Cr.P.C. - Held, District Magistrate is thus bound to proceed..........
Civil Procedure Code, 1908, Order 22, Rule 10A -- Impleading of L.R's - Absence of specific prayer and averments to set aside abatement - Formality of moving and/or making no prayer or to set aside abatement, in no way affects the basic case of bringing legal heirs on record - A prayer for bringing legal representatives on record, if allowed, would have the effect of..........
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 available for all..........
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 amended provisions of..........
Criminal Procedure Code, 1973, Section 394 -- Abatement of appeal - Death of appellant - Impleadment of LRs - Rationale behind - Held, person who had been convicted has basic human right to challenge judgment of conviction and to erase stigma of being convicted...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of appeal - Held, where each one of the parties has an independent and distinct right of his own, not dependent upon one or the other, nor the parties have conflicting interest inter se, appeal would abate only qua deceased respondent...........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Transferee - Not brought on record - Situation of abatement is not contemplated in the cases governed by O.22.R.10 CPC...........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Abatement - Word `interest' in O.22.R.10 - It means interest in property i.e. subject matter of suit - "Interest" is the interest of person who was party to suit...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 4 -- Impleadment - Suo motto exercise of power by Court - Parties are locked in horns fighting bitterly - Held, Court suo motu directed impleadment to ensure that the case is not knocked off on a needless technical plea - Indeed the rules of procedure applicable in Courts of Punjab and..........
