Defamation -- Suit for damages - Death of sole defendant after decreetal of suit during pendency of second appeal - Suit for damages already decreed and Court awarded damages to plaintiff - Liability has taken the form of a debt payable out of estate of deceased defendant - Even though original cause of action was personal in nature, proceedings cannot be treated as..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant - Substitution of LRs - If decree is passed against deceased defendant, LRs would be entitled to challenge the decree and Court being satisfied with the two facts may set aside the decree, viz. (i) LRs was not aware of pendency of suit proceedings; or (ii) he did not fail to appear intentionally by making..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Death of defendant No.1 during pendency of second appeal - Entire allegation about attempt being made to interfere with possession and enjoyment of suit property has been made against defendant No.1 in his individual capacity - Allegation that was made by plaintiff should confine..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 13 -- Death of defendant during pendency of application to set aside ex parte decree - Property alienated during pendency of application to set aside ex parte decree - Impleadment of transferee pendente lite - High Court allowed impleadment..........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Death of original defendant - Assignment of interest by defendant - Impleadment of assignee pendente lite - Original defendant made assignment in favour of applicants during pendency of suit - Applicants as assignees have therefore sought their impleadment to protect their interest - Applicants qualify to be proper parties,..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Impleading of L.R's - Death of sole defendant during pendency of suit - Notice of application U.O.22.R.4 CPC served on L.R's and if they do not appear, Court to accept the application U.O.22.R.4 CPC, take the legal representatives on record and thereafter, issue summons of the suit to the legal representatives...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 22, Rule 4 -- Ex parte decree - Setting aside - Death of sole defendant during pendency of suit - Notice of application U.O.22.R.4 served on L.R's but they did not appear - Court instead of adopting the correct procedure to accept the application U.O.22.R.4 CPC, take the legal representatives..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Death of plaintiff during pendency of suit - One of the heirs already representing the deceased plaintiff - Defendant undertaking not to contest the issue regarding non maintainability of suit for want of impleadment of all the legal heirs of original plaintiff - No..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Non substitution of L.R's - Suit for partition - One of appellant died during pendency of appeal - L.R's not substituted - Appeal as a whole becomes incompetent - In a suit for partition each and every co-sharer/co-owner is in the position of plaintiff as also defendant - For an effective decision of partition suit/appeal,..........
Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 41, Rule 27 -- Partition suit - Plaintiffs at time of filing plaint concealed true facts about previous partition and obtained decree in their favour - Clear admission made by plaintiff and their heir in sale deeds executed during pendency of appeal to effect that there had been partition..........
