Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaitniff during pendency of suit - Death unnoticed and suit decided without substitution of L.R's - Suit abates as abatement is automatic - When question of abatement of suit or appeal arises, same can only be gone into and decided by Court where suit or appeal was pending at the time of death of a party - Judgment..........
Indian Penal Code, 1860, Section 325, Criminal Procedure Code, 1973, Section 320 -- Compromise during pendency of appeal filed against order of High Court whereby conviction was modified from S.307 IPC to S.325 IPC - Legal representative can compound the offence with consent of Court when person who was otherwise competent to compound the offence is dead - Compromise..........
Indian Penal Code, 1860, Section 325, Criminal Procedure Code, 1973, Section 320 -- Compromise during pendency of appeal filed against order of High Court whereby conviction was modified from S.307 IPC to S.325 IPC - Legal representative can compound the offence with consent of Court when person who was otherwise competent to compound the offence is dead - Compromise..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Decree against a dead person - Decree is `nullity' - Question regarding legality could be raised in appeal or even in execution proceedings arising out of such a decree...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of one of defendants during pendency of appeal - Appeal decided without substitution of LRs of dead person is nullity and hence, not legally sustainable and thus, set aside...........
Indian Penal Code, 1860, Section 302, 120B, 397, 201 -- Murder - Appeal against acquittal - Dead body of unknown person found in open field - Complainant is not a witness of last seen and lodged FIR on saying of others - Delay of nine days in registering FIR is not reasonable and plausible - On point of last seen, evidence of PWs is not trust-worthy - Star witnesses of..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff during pendency of appeal - Judgment and decree passed in said appeal without taking note of death of plaintiff is admittedly against a dead person and a nullity - Impugned order of first appellate Court set aside - Case remanded to Lower Appellate Court for disposal afresh in accordance with law...........
Civil Procedure Code, 1908, Section 47, Order 22, Rule 3, 4 -- Non substitution of L.R's within statutory period - Appeal abates - Decree passed thereafter - Decree passed against dead person - Decree is a nullity - However, it's validity can be questioned in any proceedings including execution proceedings or even in collateral proceedings, whenever such decree is sought..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Non substitution of L.R's within statutory period - Appeal abates - Decree passed thereafter - Decree passed by Court for or against a dead person is a "nullity" as defect of this nature affects the very authority of Court in passing such decree and goes to the root of the case...........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Abatement - Decree passed in ignorance of death of sole defendant - Defendant died during the pendency of appeal and his LRs were not brought on record - Though Court is empowered to exempt plaintiff from necessity of substituting LRs of defendant but such an exemption can be granted before the judgment is pronounced and..........
