Civil Procedure Code, 1908, Order 22, Rule 3, Limitation Act, 1963, Section 5 -- Substitution of Legal heirs - Death of plaintiff no.1 - Condonation of delay - Matter was referred to meditation which could not be settled - Respondents being heirs of deceased plaintiff no.1 would be entitled to benefit of result of suit - It is not relevant whether they were parties to..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of LRs of deceased defendant - Maintainability of application - There is no bar for filing application U.O.1.R.10 CPC, even when application U.O.22.R.4 CPC was dismissed as not maintainable - Legal heirs of deceased person in such a matter can be added parties..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 4 -- Suit filed against a dead person - Application U.O.22.R.4 CPC dismissed as not maintainable as said provision is applicable only when death occurs during pendency of suit - Held, there is no bar in filing application U.O.1.R.10 CPC when application U.O.22.R.4 CPC was dismissed as..........
Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Section 21 -- Suit filed against a dead person - Death was not within knowledge of plaintiff and suit filed within time - If Court is satisfied that non impleadment of legal heirs of deceased defendant was a bona fide mistake, then Court has got power to implead them invoking O.1.R.10 CPC and S.21 of..........
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, Limitation Act, 1963, Section 5 -- Bringing legal heirs on record - Condonation of delay - Averments contained in application ex-facie lack bona fide - Petitioners have failed to explain delay by showing sufficient cause - Held, it is true that approach of Courts should be liberal so far as applications filed u/s 5 of..........
Specific Relief Act, 1963, Section 34, Limitation Act, 1963, Article 65 -- Suit for recovery of possession - Barred by limitation - Suit filed after 36 years of entering into agreement - Agreement of construction entered between appellants and contractor to raise construction in which possession was given to contractor on his own cost - Upon failure to make payment of..........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Plaintiff expired on 30.12.1988 - Application for impleading legal heirs filed on 5.5.1989 - Application dismissed being time barred by 36 days - Suit dismissed as abated - Application for impleading legal heirs is to be filed within 3 months - Application for setting aside abatement can be filed within next 60 days -..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Insurance claim - The right of inheritance opened on the date of death of insurer on 10.11.1997 - Both the complainants daughter and son were minors, they were under disability to file claim - Repudiation of claim in the year 1999 - Complainants being legal heirs of the deceased had right to file complaint - The..........
Consumer Protection Act, 1986, Section 15, Limitation Act, 1963, Article 120,121 -- Abatement of complainant - Validity - Existing of legal heirs - No provisions in the CP Act which would indicate abatement of complainant upon death of complainant where right to the complainant survives to the heirs...........
