Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22, Rule 9, 3 -- Condonation of delay - Abatement of suit - Partition suit - Delay was occasioned due to petitioners being unaware of pendency of suit - Explanation offered by petitioners is plausible and ought to have been accepted by trial Court - In a suit for partition, it is in the interest of all..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22 -- Condonation of delay - Delay in filing application for substitution - Neither O.22 CPC nor Limitation Act provides that application u/s 5 of Limitation Act must be filed along with application for substitution...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22 -- Condonation of delay - Delay in filing application for substitution - There cannot be a deliberate delay on the part of plaintiff in filing substitution application - In delay condonation application, it has been stated that Pairokar of plaintiff went out of station who was power of attorney holder on..........
Civil Procedure Code, 1908, Order 22, Rule 3, 9(2), Limitation Act, 1963, Section 5 -- Impleadment of L.R's - Non substitution - Abatement of appeal - Application for impleadment filed without accompanied by an application for condonation of delay - Nearly two months later application filed U.O.22.R.9(2) r/w S.5 Limitation Act - This sequence of filings, devoid of timely..........
Civil Procedure Code, 1908, Order 22, Rule 12, 3, 4 -- Abatement - Execution - Provisions of O.22.Rr.3, 4 CPC do not apply to execution proceedings - There would be no abatement of execution proceeding, as no limitation has been prescribed for substitution of JDs - JDs can be brought on record at any stage of proceeding and if any time frame is provided by executing Court..........
Civil Procedure Code, 1908, Order 22, Rule 3(2) -- Substitution of Legal heir - Death of plaintiff - Application for substitution filed after delay of 3 years from the date of death of plaintiff - However, since legal heir was impleaded only for the purposes of continuation of suit, application not barred by limitation and suit would not abate - Application rightly..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 9, Limitation Act, 1963, Section 5 -- One application U.O.22.Rr.3, 4 CPC, O.22.R.9 CPC and S.5 Limitation Act, can be filed - There is no bar in filing one consolidated application when reliefs sought are connected or when reliefs sought are dependent upon reliefs required to be obtained for getting complete relief...........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Death of sole defendant - Substitution of LRs - Application for bringing on record LRs was filed within three months from the date of knowledge - Application is thus, within limitation - LRs of deceased ordered to be brought on record...........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, Limitation Act, 1963, Section 5 -- Death of defendant - Substitution of LRs - Condonation of delay - Suit is at the stage of evidence of defendants - Court at that stage generally lean in favour of deciding lis between parties on merit rather than shutting out hearing on the grounds of technicalities - Moreover, petitioners..........
Civil Procedure Code, 1908, Order 22, Rule 3(2) -- (As amended by High Court (Punjab, Haryana and Chandigarh) - Substitution of LRs - Limitation period of 90 days not applicable - Application that suit has abated for non impleadment of L.R's within 90 days rightly dismissed and L.R's allowed to be impleaded...........
