Civil Procedure Code, 1908, Order 22, Rule 4, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of legal heirs - Party died before institution of writ petition - Name of deceased finding place in array of parties in order under challenge - Mistake about parties was bona fide - Proviso to S.21 (2) of Limitation Act attracted - Application for impleading legal..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Defendant dead on the date of filing suit - Legal representatives cannot be brought on record...........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Court has in appropriate cases, jurisdiction to exercise the power U. O.22 R. 4(4) even after the time limited for making the application for impleading the legal representatives is over...........
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 set aside, that the result..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Partnership firm-Accounts suit by one partner after dissolution of firm or after completion of the venture for which it was constituted-Death of one partner before filing of the suit-L.R's of deceased partner not impleaded-Suit abates even against living partners-All partners whether managing or otherwise are necessary..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Impleading of L.R's of deceased defendant - No limitation-Can be brought on record at any time-Question of abatement does not arise...........
Civil Procedure Code, 1908, Section 2(11), Order 22, Rule 4, 9 -- Legal representative - Ambit of - Persons who are not legal heirs but represent the estate of the deceased also come within the ambit of legal representative - If such legal representative is brought on record within time abatement of suit is liable to be set aside-Bringing of other L.R's on recorded later..........
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...........
Civil Procedure Code, 1908, Order 22, Rule 4, 10-A, Limitation Act, 1963, Section 5 -- Impleading of legal representatives - condonation of delay.Death of defendant on 6.11.1960 - application for impleading legal representatives filed on 88.1968 - death of defendant informed by widow on 20.10.1960 to one out of several branches of the Bank in the City - does not amount..........
Civil Procedure Code, 1908, Order 41, Rule 20, Civil Procedure Code, 1908, Order 22, Rule 4 - - Not a case of abatement under Order 22 Rule 4 - Covered by Order 41 Rule 20 - Proper course - To make application under Order 41 Rule 20 and claim condonation of delay...........
