Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Abatement - Non-Subsitution of LR's - Even if application for impleading legal representatives of a deceased plaintiff or a deceased defendant is not made, suit shall not abate and notwithstanding the death, suit may be decided and the judgment shall have the same effect as if it had been pronounced before the death took..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Abatement of suit - Substitution of legal representative - Application for - Condonation of delay - Initial application was filed within the period of limitation which was dismissed on technical ground - Second application was filed with a prayer for condonation of delay - In second application, a prayer for setting aside..........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- Application for setting aside abatement - Condonation of delay - Application filed by applicants for bringing them on record as heirs and LRs of deceased appellant after a period of 11 years - Proposed LRs No.3(a) has signed the affidavit in English - A bare perusal of Vakalatnama signed by..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Non-substitution of legal heirs - Abatement - Neither any application for setting aside the abatement was submitted by heirs of the sole plaintiff nor any application to condone the delay has been submitted - Trial Court below straightway permitted the heirs of original plaintiff to be brought on record - Held, unless and..........
Civil Procedure Code, 1908, Order 22, Rule 10A -- Substitution of heirs - Second appeal - Permissibility - During pendency of present appeal, when appellants came to know through counsel of respondents that respondent No.1 has died, steps have been taken and the substitution application has been filed - Held, Court is of the view that at the stage of second appeal also,..........
Civil Procedure Code, 1908, Order 30, Rule 4, Contract Act, 1872, Section 45 -- Partnership firm - Death of one out of two partners - Law does not warrant impleadment of the legal heirs of the deceased partner for its continuation - There is no question of any abatement on account of the death of such deceased partner...........
Civil Procedure Code, 1908, Order 22, Rule 11, Limitation Act, 1963, Section 5 -- Non-substitution of LRs - Abatement of appeal - Application for substitution of LRs - Delay therein - Application for condonation of delay - No sufficient cause shown for delay - Held, delay cannot be condoned - Appeal abated for no, substitution of LRs...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement - Decree inseparable and indivisible - Appeal against decree - Non-substitution of LR's of one deceased decree holder - Appeal abates in its entirety...........
Civil Procedure Code, 1908, Section 100A, Order 22, Rule 9 -- Abatement of Suit - Dismissed - Bar to further Appeal - Intra-Court appeal is not maintainable as no further intra-court appeal lies against order passed in first appeal in view of amendment made in CPC - Hence, appeal to Division Bench is barred...........
Civil Procedure Code, 1908, Order 22, Rule 10A -- Abatement of appeal - Death of a party - Duty of pleader to inform Court - Held, U.O.22.R.10-A CPC, duty is cast on pleader appearing for a party when he comes to know of death of that party to inform court about it whereupon court shall give notice of such death to other party...........
