Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs on the basis of Will not probated - Probate would only reassert the title of executor - Executor can act even before probate is obtained - Contention of defendant/petitioner that unless and until probate is granted in favour of opposite party, she cannot continue to pursue the suit..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs - Suit for recovery of possession - Non-impleadment of all LRs of plaintiff - Respondent being one of legal heir of plaintiff is competent to act as an agent of other heirs of deceased plaintiff in the carriage of suit - Defendant cannot insist that all legal heirs must participate in..........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Abatement of appeal - Non-substitution of LRs - Death of sole plaintiff - Application for substitution of LRs of deceased plaintiff filed belatedly on account of ill-advice of counsel - Liberal approach has to be adopted by trial Court while considering application - However, Court rejected application by adopting hyper..........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Death of defendant - Legal representatives - O.22 CPC stipulates the manner in which LRs of party ought to be brought - Prescribed procedure cannot be circumvented by filing application U.O.1.R.10 & u/s 151 CPC - Since no steps were taken to bring on record LRs of deceased defendant either in first appeal or in second..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 3, 5 -- Death of plaintiff - Substitution of L.R's - Enquiry for determination of L.R's - Appellant claiming L.R. of deceased plaintiff - Defendant denied the same - In such case, Court has to determine the status of L.R of deceased party to suit by holding enquiry - Rejection of application and dismissal of suit as..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Abatement - Non-Subsitution of LR's - Even if application for impleading legal representatives of a deceased plaintiff or a deceased defendant is not made, suit shall not abate and notwithstanding the death, suit may be decided and the judgment shall have the same effect as if it had been pronounced before the death took..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Interim injunction - Grant of - Effect of abatement of suit - Held, a suit abates on expiry of ninety days - Law permits another sixty days time for setting aside abatement - Even if application is not filed within 150 days, an application can again be filed alongwith an..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of legal representatives of deceased plaintiff PRG holder of power of attorney - Agreement for sale executed by RA in favour of PRG and RA also executed power of attorney in favour of PRG - Suit by PRG for declaration and permanent injunction restraining defendant RA from interfering with possession - Death of..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Mahantship of Dera - Both plaintiff and defendant claiming - Death of both plaintiff and defendant - Legal representatives cannot be substituted as Mahantship is personal right and died with them - suit dismissed...........
Civil Procedure Code, 1908, Order 22, Rule 3(2) (9), Civil Procedure Code, 1908, Order 1, Rule 10(2), Civil Procedure Code, 1908, Order 23, Rule 1-A -- Suit for partition - Death of sole plaintiff - If his L.R's do not come on record within prescribed period suit abates so far as deceased plaintiff is concerned and not in its entirety - One of the defendants willing to..........
